North West Cab Co. v. Central Mut. Ins. Co.

2 Citing cases

  1. Moroni v. Intrusion-Prepakt, Inc.

    24 Ill. App. 2d 534 (Ill. App. Ct. 1960)   Cited 61 times
    Finding a defendant's counterclaim against another defendant sufficient despite the contract between the two not being attached to the pleading where the first defendant did not base its counterclaim "upon the actual terms of the contract ***, but under a term that must be implied merely from its existence; namely, that when work is contracted to be performed, it must be performed with reasonable care"

    No explicit charge of negligence need be made, but it is sufficient if the facts stated are such as to raise a duty and show failure to perform. Miller v. S.S. Kresge Co., 306 Ill. 104, 137 N.E. 385 (1922); Petersen v. City of Gibson, 322 Ill. App. 97, 54 N.E.2d 79 (1944); North West Cab Co. for Use of Chamberlain v. Central Mut. Ins. Co., 266 Ill. App. 192 (1932). The facts alleged in the counterclaim adequately meet this test.

  2. Gallopin v. Continental Casualty Co.

    290 Ill. App. 8 (Ill. App. Ct. 1937)   Cited 10 times

    The rule does not apply when the wording is not that of the insurer but is taken from the statute. MacBey v. Hartford Accident Indemnity Co., ___ Mass. ___, 197 N.E. 516; Frozine v. St. Paul Fire Marine Ins. Co., 195 Wis. 494, 218 N.W. 845; Sturgis Nat. Bank v. Casualty Co., 252 Mich. 426, 233 N.W. 367. The opinion in North West Cab Co. v. Central Mut. Ins. Co., 266 Ill. App. 192, is not to the contrary. In that case was involved only the question of the territory covered by the policy.