Cole v. Favorite

Citations

• 69 Ill. 457

Syllabus

<p>1. Contract to insure goods in store—party so agreeing not responsible that no recovery is had. Where a warehouseman agreed to have a lot of barrels stored with him insured in responsible insurance companies, which he did in his name to their full value, and, on a loss by fire, prosecuted the company in good faith on the policy, but. was defeated on the ground that he had given a receipt to the owner, at his request; that he had received the same to be held up to a day anterior to the loss, it was held, that the warehouseman was not liable to the owner on the ground that he failed to recover of the insurance company, he having complied with his contract.</p> <p>2. Judgment—binds privies in interrest. Where a party, whose goods were insured in the name of another, with whom they were stored, after a loss, agreed with the party insuring, that suit should be brought in his name for the use of the owner, which was done, and prosecuted in good faith, but on a trial the action was defeated without fault of the nominal plaintiff, it was held, that the owner of the goods, being a privy in interest, was concluded by the judgment, and could not re-litigate the matter in a suit against the party who had made the insurance, for an alleged breach of his agreement to insure.</p> <p>3. Where a suit is brought in the name of a party tor the benefit of another who directed and advised the same, the latter, though not a formal party to the record, is a privy in interest, and will be concluded by the judgment.</p>