Knickerbocker Insurance v. McGinnis

Citations

• 87 Ill. 70

Syllabus

<p>1. Insurance—notice of loss, whether in time. Where a policy of insurance required immediate notice to be given by the assured in case of a loss, and in the great fire in Chicago, on Oct. 9, 1871, the plaintiffs property insured was burned, notice of the loss given November 13, 1871, was held to have been given in sufficient time, in view of the great derangement in all kinds of business caused by the fire.</p> <p>2. Evidence—to show damage by fire. In a suit upon a policy of insurance to recover for a loss by fire, evidence offered by the defendant of the listing of the plaintiffs property for taxation, and the amendment thereof, is properly rejected, the issue being the amount of plaintiffs damage.</p> <p>3. Amendment—pleadings, on the trial. The allowance of an amendment to the pleadings during the trial, is a matter of discretion with the court, as well as granting or refusing time to prepare an affidavit for a continuance on account of such amendment, and can not be assigned for error unless the discretion is abused.</p>