City Fire Insurance v. Mark
Illinois Supreme Court
Appeal from the Superior Court of Chicago. This was an action of assumpsit, instituted in the court 'below by the appellee, Isaac Marks, against one M. Myers, : against whom judgment was rendered, and the appellee summoned as garnishee.
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Appeal from the Superior Court of Chicago. This was an action of assumpsit, instituted in the court 'below by the appellee, Isaac Marks, against one M. Myers, : against whom judgment was rendered, and the appellee summoned as garnishee. Appellant had issued a policy of insurance to one M. Morris, by the terms of which it agreed to insure him against loss by fire to the extent of $2,000, upon a -certain stock of goods, then in the store, No. 227 Clark street, in the city of Chicago. With the assent of the company, the interest of Morris in this policy was assigned to Myers, to whom the goods…
1Opinion of the CourtJustice Lawrence
The appellant was summoned by Marks, the appellee, to answer as garnishee of Myers, and, a jury being waived, the court rendered judgment against the company. One Morris, of the firm of Goldschmidt & Morris, had taken a stock of ' goods on a debt due the firm, and being doubtful whether his partner, then in Europe, would approve the transaction, he did not mix the stock with that of the firm, but took it to a separate store and there sold it to Myers. Before the sale, however, he had taken out a policy of insurance from the appellant, in his own name, and, when the goods were sold to Myers,…
2Cases cited2 opinions
- Traders' Insurance v. RobertNew York Supreme Court · 1832
- Hooper v. Hudson River Fire InsuranceNew York Supreme Court · 1853
3Cited by8 opinions
- Cole v. MarpleIllinois Supreme Court · 1880
- Illinois Mutual Fire Insurance v. FixIllinois Supreme Court · 1870
- Padrnos v. Century Fire Ins.Supreme Court of Iowa · 1909
- Mortt v. . Insurance Co.Supreme Court of North Carolina · 1926
- Standard Life & Accident Insurance v. Bambrick Bros. Construction Co.Missouri Court of Appeals · 1912
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