American Central Insurance v. Birds Building & Loan Ass'n
Appellate Court of Illinois
Assumpsit, on a policy of insurance. Trial in the Circuit Court of Lawrence County; the Hon. Enoch E. Newlin, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant.
1Opinion of the CourtJustice Bigelow
The first assignment of error questions the correctness of the ruling of the court in sustaining plaintiff’s demurrer to defendant’s fourth plea. To hold that the court committed no error in sustaining the demurrer will be equivalent to holding that there are two policies in the one, each independent of the other for all purposes, since the amount due appellee on the mortgage to it was much less than the loss covered by the policy. This we understand is what counsel for appellee contend for, and in support of their contention cite Hartford Fire Ins. Co. v. Olcott, 97 Ill. 439. That case is…
2Cases cited4 opinions
- Hartford Fire Insurance v. OlcottIllinois Supreme Court · 1881
- Wilson v. KingIllinois Supreme Court · 1876
- Glover v. LeeIllinois Supreme Court · 1892
- Western Assurance Co. v. MasonAppellate Court of Illinois · 1880
3Cited by7 opinions
- Third Establishment, Inc. v. 1931 North Park ApartmentsAppellate Court of Illinois · 1981
- Hill v. International Indemnity Co.Supreme Court of Kansas · 1924
- Buysse v. Connecticut Fire InsuranceAppellate Court of Illinois · 1926
- Pardon v. WasvaryAppellate Court of Illinois · 1928
- Alton v. American Insurance Co. of NewarkAppellate Court of Illinois · 1931
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