Graff v. Simmons

Citations

• 58 Ill. 440

Syllabus

<p>1. Insurance—of a note given for the premium—liability of the maleer. In an action upon a promissory note given for the cash premium on a policy of insurance issued on the property of the maker, the receipt of the premium being acknowledged in the policy, it was sought to interpose, asa defense, that the consideration for the note had failed, in that the company, at the date of its execution, was insolvent, and the policy therefore worthless : Held, inasmuch as, if a loss had occurred, although the premium had never been paid, the company would have been liable, that if good cause existed for rescinding the contract and the assured deemed the policy worthless, by reason of the insolvency of the company, he ought to have surrendered it and thus relieved the compan)r from the risk incurred under it, and, having failed to do so, he must be considered as having elected to retain the policy for its value, and hence liable for the premium.</p> <p>3. Instructions—as to inferences to be d/t'avm by the jury. It is not the province of the court to tell the jury what they may infer from certain facts proven in the case. The jury should be left to draw their own conclusions from the evidence.</p>