American Central Ins. v. J. B. Henninger & Co. (87 Ill. App. 440, 1900)

Mr. Justice Harker

delivered the opinion of the court.

This was an action of assumpsit on two fire insurance policies issued by appellant to appellee on a stock of boots and shoes at Leroy, Illinois. One policy was issued on the 2d and the other on the 11th day of May, 1899. The fire which caused the loss occurred early on the morning of the 12th of May. It was extinguished before the goods were totally consumed, but not until after they had been greatly damaged. The company denied liability and defended upon the following grounds :

' 1. The plaintiffs fraudulently misrepresented the value of the goods at the time the last policy was made.

2. The plaintiffs failed to comply with the requirements of the policies :

(a) In not furnishing proper proofs of loss, containing copy of descriptions and schedules in other policies;

(5) In not furnishing an inventory showing cash value of each item of loss;

(e) In not furnishing a certificate of a magistrate or notary public stating that he examined the circumstances of the fire and believed that the insured had honestly sustained loss;

(d) In Iienninger’s refusal to submit to examination under oath touching the origin of the fire and the amount of loss.

(