Firemen's Insurance v. Horton
Illinois Supreme Court
Appeal from the Appellate Court for the First District;-&emdash;heard in that court on appeal from the Circuit Court of Cook county; the Hon. Richard S. Tuthill, Judge, presiding.
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Appeal from the Appellate Court for the First District;-&emdash;heard in that court on appeal from the Circuit Court of Cook county; the Hon. Richard S. Tuthill, Judge, presiding. This was an action instituted in the circuit court of Cook county by Lillie Horton, to recover from the Firemen’s Insurance Company for a loss sustained by her in the destruction by fire of certain household goods on November 25, 1893. The declaration contained two counts, to which the general issue was filed, together with notice by the defendant of thirty-eight special matters which it would offer in defense.…
1Opinion of the CourtChief Justice Phillips
The particular ground of defense relied upon by appellant in this case as reason why appellee is not entitled to recover under her policy for the loss of the property destroyed by fire is, that at the time the application for insurance was made and the policy issued there was a chattel mortgage on a portion of the furniture, no mention of which was made in the application, nor was such fact disclosed in any manner, unless it was to Smith, the party who solicited the insurance and delivered to her thi policy.
Under one of the conditions of the policy it is provided that if there be a mortgage…
2Cases cited1 opinion
- Home Insurance Co. of New York v. MendenhallIllinois Supreme Court · 1897
3Cited by7 opinions
- Boston Store v. Hartford Accident & Indemnity Co.Appellate Court of Illinois · 1922
- Sundquist v. Camden Fire Ins.Court of Appeals for the Seventh Circuit · 1941
- Chas. Kronauer & Co. v. Mechanics Insurance Co. of PhiladelphiaAppellate Court of Illinois · 1932
- Stephens v. Phœnix Assurance Co.Appellate Court of Illinois · 1899
- Hollstrom v. Forest City InsuranceAppellate Court of Illinois · 1912
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