Heffron v. Concordia Fire Insurance

This is an appeal from a judgment of the Circuit Court of nil capiat and for costs rendered against the appellant, who was plaintiff below. The suit was originally brought in °the Circuit Court on April 4, 1894, by the appellant against the appellee. May 10, 1894, a declaration on an account stated was filed. November 15, 1898, a judgment for $5121.67 was rendered by the Circuit Court in favor of the plaintiff. This court reversed the judgment on the ground that no recovery could be had on the insurance contract in question on the declaration filed, and that a special count was necessary.…