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Reports of Cases Determined in the Appellate Courts of Illinois (Volume 219)

Reports of Cases Determined in the Appellate Courts of Illinois (Volume 219)


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Hensel v. Capital Live Stock Ins. Co., 219 111. App. 77. the court in finding that it was given in pursuance of a settlement made prior to the expiration of the time for contest, whereby appellant agreed to pay $2,500 to Katherine. Such agreement to pay $2,500 would be a sufficient consideration for the note in question notwithstanding the fact that the note was for a lesser amount than agreed upon. The judgment is affirmed. Affirmed. Oscar B. Hengel et al., Appellees, V. Capital Live Stock Insurance Company, Appellant. Gen. No. 6,802. 1. InstmAwcB, 584?when plea sets uf good defense. In an action to recover on a policy of lire stock insurance, a plea which sets up a provision of the contract requiring the insured to give Immediate notice to the insurer in case of sickness or injury of any animal covered by the policy and providing that the insurer shall not be liable for loss by death If the insured falls to give such notice, and alleges failure to give such notice, sets up a valid defense. 2. Pixadino, ( 445?when variance arises. One cannot plead performance and recover under proof which shows waiver of performance. 3. Insurance, ( 646?when evidence of waiver is inadmissible. Where, in an action to recover on a policy insuring live stock, plaintiff files a declaration consisting of a special count on the policy, in which he alleges in general terms that he had performed aU of the conditions of the policy, no waiver being pleaded, evi- dence to show waiver la improperly admitted. 4. Watvkr, 1?what it essential to waiver. Knowledge of the facts is necessary to bind a party by a waiver. 5. Insurance, 665?when evidence is insufficient to show waiver. In an action to recover on a policy insuring a hog which contained a clause requiring the insured to g...



Product Details
  • ISBN-13: 9780217985765
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 228
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 0217985769
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 413 gr

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