St. Paul Fire & Marine Insurance v. Johnson

Citations

• 77 Ill. 598

Syllabus

<p>1. Pabty plaintiff—on policy of insurance. Where the owner of a house insured the same, and the policy contained a clause, “loss, if any, payable to A, as she shall make appear,” and it appeared that A’s only interest was that of a mortgagee for a debt due her from the assured: Held, that the assured had a legal right to sue for a loss in his own name, as the whole loss was not payable to A, but only to the extent of her mortgage.</p> <p>3. Evidence—instruction destroying effect. Where an insurance company rebuilds a part of a house destroyed by fire, which it had insured, and the owner sues for defects, and introduces proof tending to show many defects, and the company proves that the owner, who was a carpenter, was requested to see that the house was properly rebuilt, and to make such suggestions as he might see fit; that he was present once or twice as the work progressed, and made no complaint, and, when he accepted the same, pointed out no objections: Held, that the latter proof tended to show there were no defects, and that an instruction, that it was not the duty of the plaintiff to superintend the repairs, nor make any suggestions, was erroneous, as leading the jury to discard the plaintiff’s conduct as not having any bearing on the question in issue.</p> <p>3. New trial—as to finding from the evidence. The whole testimony should be considered and weighed by the jury, and a verdict should he the honest result derived from a fair and impartial consideration and weighing of all the testimony in the case. The jury, although the proper judges of the credibility of witnesses, have no right arbitrarily to accept the testimony of one party’s witnesses, and disregard that of the others, who are greater in number, especially upon a question of opinion as to value, and if they do so, a new trial will be granted.</p> <p>4. Insurance—rebuilding house—rent. Where an insurance company undertakes, under the terms of the policy, to repair a house which has been injured b