Legal Opinion

McConnel v. Delaware Mutual Safety Insurance

Illinois Supreme Court

Decided December 15, 1856PublishedCited by 19 opinions

Osr the 10th of August, 1853, complainant filed his bill in chancery, in the Gass Circuit Court against the Delaware M. S. Insurance Company, Peter Sweat, David Logan, John Q. Van Hess, Benjamin E. Poney and Charles P. Dnnbaugh.

Read the full summary

Osr the 10th of August, 1853, complainant filed his bill in chancery, in the Gass Circuit Court against the Delaware M. S. Insurance Company, Peter Sweat, David Logan, John Q. Van Hess, Benjamin E. Poney and Charles P. Dnnbaugh. The bill shows that on the 5th of May, 1853, Honey was indebted to • Goodheart and Ackerland in the sum of about $6,029 for goods; that Roney was then doing a profitable business at Beardstown; that Sweat, pretending to be the agent of the Delaware M. S. Insurance Company, went to Honey’s store and charged him with arson, and with defrauding the insurance company by…

1Opinion of the CourtCaton, J.

There is no dispute about the principles of law as to the rights of the parties here. The only controversy is one of fact. This question is an important one, for it involves the inquiry as to the guilt or innocence of Roney of the crime of arson, in "burning his store and stock of goods covered "by the policy, of insurance, and incidentally of the crime of perjury in swearing to a false protest. In such a case every legal presumption is in favor of his innocence, and we should not, by our finding, pronounce him guilty, unless that guilt is clearly established by evidence, excluding or…

2Cited by19 opinions

  1. McInturff v. Insurance Co. of North AmericaIllinois Supreme Court · 1910
  2. Germania Fire Insurance v. KlewerIllinois Supreme Court · 1889
  3. Continental Insurance v. JachnichenIndiana Supreme Court · 1887
  4. Simmons v. Insurance Co.West Virginia Supreme Court · 1875
  5. Northern Assurance Co. v. Rachlin Clothes Shop, Inc.Supreme Court of Delaware · 1924

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API