Imperial Fire Insurance v. Gunning

Citations

• 81 Ill. 236

Syllabus

<p>1. Insurance—rescission in equity. The intention-of a party insured to burn the property insured, will authorize the insurance company to declare an immediate cancellation of the policy. But if the company waits until after a loss, a court of equity will not then rescind the contract of insurance. If the assured burns the property, this will avoid the contract, but the remedy is at law.</p> <p>3. Garnishment—consolidation of several suits. If a party is garnisheed by several parties, in respect to a single cause of action, the court, on motion of the garnishee, will consolidate the several suits into one action, so that one verdict will be conclusive of the whole subject matter of the litigation.</p> <p>3. Chancery jurisdiction—defense at law. If a party has a complete defense in suits at law, a court of equity will not assume jurisdiction.</p> <p>4. Same—to avoid multiplicity of suits. Before a court of equity will assume jurisdiction to avoid multiplicity of suits against a party, he must first establish his defense at law, when it is a legal one, and then, if it shall appear that other parties continue to harrass him with suits in respect to the same cause of action, equity would interfere to prevent future vexations litigation.</p> <p>5. Commonly, chancery will assume jurisdiction in the first instance, to prevent a multiplicity of suits, when a party prosecutes or defends against a great number of persons, or when a great number of persons prosecute or defend a right against a single individual.</p> <p>6. Where an insurance company is garnisheed at the separate suit of a great many persons, creditors of the assured, and the company has a complete defense at law, a court of chancery will not assume jurisdiction by injunction, to avoid a multiplicity of suits, until the defense has been established at law, and it is made to appear there is danger the right established will be further and vexatiously controverted.</p>