Manufacturers & Merchants' Mutual Ins. v. Zeitinger
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Winnebago county; the Hon. James Shaw, Judge, presiding.
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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Winnebago county; the Hon. James Shaw, Judge, presiding. This was a suit in assumpsit in the Winnebago circuit court, by Maria Zeitinger, as executrix of the last will and testament of Valentine Anthony Zeitinger, deceased, on an insurance policy, against the Manufacturers and Merchants’ Insurance Company, to recover the loss sustained by the total destruction of the property insured, by fire. The declaration contained a special count setting out the policy, and averred compliance…
1Opinion of the CourtJustice Carter
The chief grounds upon which appellant urges that this judgment should be' reversed are, that the policy was rendered void by the alleged misrepresentation in the application as to the age of the mill; that the proofs of loss were not “rendered” within the sixty days, as provided in the policy, and that the condition in the policy as to such proofs was not waived by the company.
It is not claimed that there was any warranty as to the age of the mill, but that the representation as to such age was material, and was untrue. Some of the witnesses testified that the mill was practically rebuilt in…
2Cases cited1 opinion
- Eddy v. Hawkeye Ins.Supreme Court of Iowa · 1886
3Cited by12 opinions
- Weinstein v. Metropolitan Life InsuranceIllinois Supreme Court · 1945
- Kehl v. AbramIllinois Supreme Court · 1904
- McCord v. Masonic Casualty Co.Massachusetts Supreme Judicial Court · 1909
- Craig v. United States Health & Accident Ins.Supreme Court of South Carolina · 1908
- Hoban v. HudsonSupreme Court of Minnesota · 1915
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