Black v. Womer

Citations

• 100 Ill. 328
• 1881 Ill. LEXIS 98

Syllabus

<p>1. Practice—amending declaration as to one defendant after demurrer sustained, equimalent to dismissal as to others. Where the plaintiff, after a demurrer is sustained to his declaration against all the defendants, under leave to amend files a declaration against only one of the original defendants, this is equivalent to a dismissal of the suit as to the omitted defendants, which is allowable under the. statute.</p> <p>2. Stockholders—ininswance companies—sufficiency of proof for a recovery. In- a suit by a party against a stockholder in an insurance company to enforce his individual liability for a loss by the plaintiff, it was admitted by stipulation that the plaintiff had recovered a judgment against the insurance company on its alleged liability upon a policy of insurance, as described in the declaration,-issued by the company to the plaintiff as owner of the goods, against loss by fire, and that afterwards the same were destroyed by fire, the plaintiff then still owning the same: Held, that the admission was sufficient proof of the execution of the policy and of the loss.</p> <p>3. Same—when proof of notice of loss not necessary. In a suit against a stockholder of an insurance company to enforce his individual liability for a loss under a policy of insurance,-the admission of the loss by fire of the property insured renders proof that notice of that fact was given to the company wholly unnecessary, especially when judgment has been recovered against the company for the same loss.</p>