Manufacturers & Merchants Mutual Insurance v. Gent
Appellate Court of Illinois
Appeal from the Circuit Court of Winnebago county; the Hon. William Beown, Judge, presiding. This action was brought by the appellee against the appellant to recover for the loss of his property by fire, upon the ground that he was insured in the appellant company.
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Appeal from the Circuit Court of Winnebago county; the Hon. William Beown, Judge, presiding. This action was brought by the appellee against the appellant to recover for the loss of his property by fire, upon the ground that he was insured in the appellant company. The circumstances out of which the alleged contract arose are substantially as follows: In June, I860, some fifteen persons in Eockford signed a statement in writing expressing their intention to form a mutual insurance company; had the same published as required by the statute, adopted a charter and duly filed the same in the…
1Opinion of the CourtPillsbury, J.
The question presented in this case is whether a mutual insurance company organized under the act of March 11,1869, Chap. 73 of the R. S. 1874, is liable for a loss by fire sustained by one of the applicants for insurance, where the loss occurs before the company has received the final certificate of the auditor in pursuance of Sec. 10 of that act. This depends upon the construction to be given that act. By the first section, any number of persons not less than thirteen, may associate to form an incorporated company for the purpose of insurance, etc. By the third section such persons are…
2Cases cited2 opinions
- Denning v. SmithNew York Court of Chancery · 1818
- Van Slyke v. Trempealeau County Farmers' Mutual Fire InsuranceWisconsin Supreme Court · 1880
3Cited by1 opinion
- Ricker v. LarkinAppellate Court of Illinois · 1889