Illinois Fire Insurance v. Stanton

This was an action of assumpsit, brought by the appellee in the Peoria circuit court, against the appellant, on a policy of insurance issued to Matthew Stanton, on a mill and distillery building, and the machinery and fixtures therein contained. The amount of the insurance was $3,000, which was, by the terms of the policy, made payable, in case of loss, to John McClellan, who held a mortgage on the premises.

The action is brought in the name of Matthew Stanton, for the use of John H. Bobb, the assignee of the McClellan mortgage. The declaration sets forth the policy sued on, and the several…