Germania Fire Insurance v. Lieberman

Citations

• 58 Ill. 117

Syllabus

<p>1. Variance—allegations and proofs—date amatter of essential description. In an action of assumpsit on a policy of insurance, the declaration described the policy as made Aug. 30tli, 1869, but the instrument offered in evidence bore date, Aug. 3rd, 1869; Meld, the variance as to the date was fatal to the admission of the policy in evidence. The action being upon a written contract, the date was a matter of essential description, requiring precise proof.</p> <p>2. Pleading at law—of the declaration on a policy of insurance—what must set forth. Where the declaration on a policy of insurance failed to set out the terms and conditions of the policy : Meld, the policy was inadmissible as evidence under it.</p>