Case Details

Aetna Insurance Company v. Phelps

Case # 3231

Appellant/Plaintiff

Aetna Insurance Company

Appellee/Defendant

William Phelps

Appellant/Plaintiff Attorneys

John T. Stuart, Benjamin S. Edwards, Christopher Brown

Appellee/Defendant Attorneys

James Roberts

County of Origin

Mason County

Justice

Justice Pinkney H. Walker

Terms of Court

January 1862

Type of Case

Assumpsit

Disposition

Affirmed

Citation

27 Ill 71

Case Summary

Phelps sued Aetna Insurance Company in Mason County Circuit Court in an action of assumpsit over a fire policy. The declaration had four counts, alleging Phelps's interest in the destroyed property. Aetna Insurance Company defendant demurred, arguing lack of disclosure of Phelps's interest and failure to mention a policy condition. The circuit court overruled, awarding damages. The appeal questioned the sufficiency of the declaration and the court's authority to summon a jury after discharging the regular panel. The Illinois Supreme Court found no error and affirmed the judgment.