Peoria Marine & Fire Insurance v. Anapow

Citations

• 45 Ill. 86

Syllabus

<p>1. Insurance —- policy of— upon goods being constantly sold and, replenished. A policy of insurance upon a stock of goods which is being constantly sold and replenished, covers as well the new purchases as the stock on hand at the date of the policy.</p> <p>2. Instructions. In an action upon a policy of insurance, where either one of two facts, if proven, would have defeated a recovery, it was error for the court to instruct the jury that both such facts must be proven.</p> <p>3. Same—must not assume questions in dispute. . It is proper for the court to refuse an instruction which assumes a question in controversy.</p> <p>4. Same—may he asked upon any question in dispute—although there is no direct proof upon it. Where an instruction is asked upon'a question, concerning which there is no direct testimony, yet, if there he any proof tending to establish it, such question should be submitted to the jury, as the party asking the instruction is entitled to the benefit of whatever inferences the jury may think proper to draw from the proof, however slight.</p>