Crikelair v. Citizens' Ins. Co.

Decision Date01 November 1897
Citation48 N.E. 167,168 Ill. 309
PartiesCRIKELAIR et al. v. CITIZENS' INS. CO.
CourtIllinois Supreme Court

OPINION TEXT STARTS HERE

Appeal from appellate court, First district.

Action by Frank Crikelair and others against the Citizens' Insurance Company to recover on a fire insurance policy. From judgment of the appellate court (68 Ill. App. 637) affirming a judgment in favor of defendant, plaintiffs appeal. Affirmed.

Bulkley, Gray & More, for appellants.

Bates & Harding, for appellee.

This is an appeal from the judgment of the appellate court affirming a judgment of the circuit court of Cook county, rendered against appellants for costs, in an action brought by them against the appellee company to recover upon an insurance policy. Appellants were, on the 9th day of November, 1893, engaged in the business of selling wall paper, paints, varnishes, and other like articles, at No. 220 Cherry street, in the city of Green Bay, Wis. Their stock in trade was then incumbered by a chattel mortgage previously executed by them to secure an indebtedness in the sum of $700. The mortgage appeared of record in the office of the city clerk of the said city of Green Bay. The appellee company, on the day named, issued its policy of insurance, insuring said stock of goods against loss or damage by fire to the amount of $1,000 for the term of one year. No written application for insurance was made by the assured, no questions as to incumbrances asked, and the assured did not disclose the fact that the property was mortgaged, nor did the appellee company have knowledge in any way of the existence of the incumbrance. The policy contained the following stipulation: ‘This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the insured now has, or shall hereafter make or procure, any other contract of insurance, whether valid or not, on the property covered in whole or in part by this policy, * * * or if the subject of insurance be personal property, and be or become incumbered by chattel mortgage.’ The property was destroyed by fire within the period of time covered by the policy. After the fire, the appellee company sent to the appellants, by mail, the amount paid as premium on the policy, but the appellants, upon receipt of same, immediately returned it by mail to the appellee company.

BOGGS, J. (after stating the facts).

By the stipulation in the policy, the terms of which are plain, direct, and unambiguous, the parties hereto...

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16 cases
  • Carroll v. Hartford Fire Ins. Co.
    • United States
    • Idaho Supreme Court
    • January 22, 1916
    ... ... its agent, and no representations made by the insured, cannot ... strike out the provisions of the policy." ( Crikelair ... v. Citizens' Ins. Co., 168 Ill. 309, 48 N.E. 167; ... Indiana Ins. Co. v. Pringle, 21 Ind.App. 559, 52 ... N.E. 821; Shaffer v. Milwaukee ... ...
  • Great Southern Fire Insurance Company v. Burns & Billington
    • United States
    • Arkansas Supreme Court
    • March 29, 1915
    ... ... this court. In the case of Rhea v. Planters' ... Mutual Ins. Co., 77 Ark. 57, 90 S.W. 850, and that of ... the Home Insurance Company v. Driver, 87 ... Ark ... ...
  • Glens Falls Insurance Company v. Michael
    • United States
    • Indiana Supreme Court
    • June 8, 1905
    ... ... contract." McMaster v. New York Life Ins ... Co. (1901), 183 U.S. 25, 22 S.Ct. 10, 46 L.Ed. 64. See, ... also, Thompson v. Phenix ... 517; 1 May, Insurance (4th ed.), § 207; Vankirk ... v. Citizens' Ins. Co. (1891), 79 Wis. 627, 48 ... N.W. 798. In German Mut. Ins. Co. v ... Niewedde ... Co. v. Bohn, ... supra ; Waller v. Northern Assur ... Co. (1881), 10 F. 232; Crikelair v ... Citizen's Ins. Co. (1897), 168 Ill. 309, 48 N.E ... 167, 61 Am. St. 119; Hinman v ... ...
  • Capps v. Nat'l Union Fire Ins. Co.
    • United States
    • Illinois Supreme Court
    • October 28, 1925
    ...absence of a waiver of the condition or an estoppel which precludes the company from making its defense. Crikelair v. Citizen's Ins. Co., 168 Ill. 309, 48 N. E. 167,61 Am. St. Rep. 119;Hebner v. Palatine Ins. Co., 157 Ill. 144, 41 N. E. 627;Reaper City Ins. Co. v. Brennan, 58 Ill. 158, 11 A......
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