Burnham v. Lamar Insurance

Citations

• 79 Ill. 160

Syllabus

<p>1. Appeal—lies to the Supreme Court from an order confirming master's report. On a creditor’s bill, where the case is referred to the master to take proof and ascertain amounts of claims, etc., and the master reports adversely to a claim presented, and the court, on exception to the master’s report, confirms the same, an appeal from such order of confirmation will lie to the Supreme Court.</p> <p>2. Creditor’s bill—what claims to he allowed—assignment of policy of insurance. A creditor’s bill was filed against an insurance company, and a receiver appointed, with directions to pay the complainants and other creditors, and the cause was referred to the master, to take proof of all claims against the company which might be presented to the receiver. A judgment, obtained against the company by default, was presented, and it was shown that before the judgment was rendered, the policy upon which it was obtained had been assigned in blank by the plaintiff in the judgment, upon the payment to her of 35 per cent of the amount due thereon, and the representation to her, by one claiming to act as an adjuster of the company, that that was all the company would be able to pay, and that if it paid any more she would get as much as any one else. The blank in the assignment was afterwards filled with the name of the party representing himself as the adjuster of the company. The judgment was for the balance due on the policy after deducting the amount paid by the adjuster at the time of the assignment. The company. at the time of the assignment, was, in fact, able to pay all its liabilities: Held, that there was no real assignment of the policy to the party taking it, as a purchaser, and that the claim of the judgment should have been allowed by the master, and that the exceptions to his report disallowing it, should have been sustained.</p> <p>3. Sams—practice—contested claim. On a creditor’s bill, where the cause is referred to the master to take proof of claims, and a claim is