Williams v. German Mutual Fire Insurance

Citations

• 68 Ill. 387

Syllabus

<p>1. Variance—note in German not so described. Where the declaration, described the notes sued on according to their tenor and effect, without stating in what language they were written, the fact that the notes are in the German language will not constitute a variance. If described as made in the English language, the objection of variance might have been well taken.</p> <p>3. Insurance—evidence of assessment on note given for insurance. Where the charter of an insurance company made the certificate of the secretary prima facie evidence in case an action was brought for the recovery of any assessment, it was held, in an action upon a note payable in assessments given for insurance, that the secretary’s certificate was prima facie evidence of a valid assessment and the amount thereof, and that such certificate was intended to relieve the company from preliminary proof as to risks, losses and assets, in order to show the right to levy the assessment.</p> <p>3. Same—validity of assessment—one director absent. It was urged that an assessment made upon notes given an insurance company was invalid, because made at an extra meeting of the board of directors, when one of the directors was absent, and had not been personally notified of the meeting. It appeared that the secretary left either a written or a verbal notice of the meeting for this director, at his place of business, with his brother. The by-laws required such notice to be given “by mail or other waysHeld, that the notice to the director was sufficient.</p> <p>4. Evidence—secondary, of notice. In an action to recover assessments upon notes given for insurance, the court admitted in evidence the duplicate notice of the assessment, without notice to produce the original being shown, and oral proof of the address upon the envelop containing the notice sent by mail, against objection: Held, that there was no error in admitting the evidence, as notice to produce a notice is not necessary in order to admit secondary e