Legal Opinion

Fireman's Fund Insurance v. Western Refrigerating Co.

Appellate Court of Illinois

Decided November 12, 1894PublishedCited by 1 opinion

Memorandum.—Assumpsit. In the Superior Court of Cook County; the Hon. James Goqgin, Judge, presiding. Declaration on a policy of insurance. Plea of general issue, and stipulation that the defendant might introduce all defenses that could be successfully pleaded under plea of the general issue; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1894, and affirmed.

1Opinion of the Court

Mr. Presiding Justice Waterman

delivered the opinion of ti-ie Court.

It appeared in evidence upon the trial of this cause, that at the time of the fire there was on storage with appellee, a mere storage company, $55,000 worth of poultry belonging to thirty-one different parties, upon which appellee had claims amounting to $24,833.12. Some of the owners had, upon such of the poultry as belonged to them, separate insurance, not included in that issued to appellee.

Each lot of goods stored by appellee was marked with a different mark; the goods having been received at different times. It is…

2Cases cited10 opinions

  1. Healey v. Mutual Accident Ass'n of the NorthwestIllinois Supreme Court · 1890
  2. Ætna Insurance v. MaguireIllinois Supreme Court · 1869
  3. Phenix Insurance v. HartIllinois Supreme Court · 1894
  4. Railway Passenger & Freight Conductors' Mutual Aid & Benefit Ass'n v. LoomisIllinois Supreme Court · 1892
  5. Rae v. HulbertIllinois Supreme Court · 1856

5 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Traders Insurance v. The Northern Pacific Express Co.Appellate Court of Illinois · 1897

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