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Schachtrup v. the Union Auto. Indemnity Ass'n

Appellate Court of Illinois, First District
Feb 14, 1940
303 Ill. App. 445 (Ill. App. Ct. 1940)

Opinion

Gen. No. 9,480. (Abstract of Decision.)

Opinion filed February 14, 1940.

AUTOMOBILES AND MOTOR VEHICLES, § 59.8insurer, liability to person injured. Where plaintiff was a passenger in decedent's automobile during accident in which decedent was killed, decedent at the time attempting to interest plaintiff in the purchase of a farm, plaintiff had obtained judgment against estate of decedent, plaintiff was properly granted judgment in instant action against decedent's insurer, where the automobile was the one insured, the motor number alone being different because a reconditioned motor had been installed, failure of decedent to co-operate was not properly pleaded, and proof of judgment was made by plaintiff's testimony concerning same.

See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Peoria county; Hon. JOSEPH E. DAILY, presiding. Affirmed. Heard in this court at October term, 1939; opinion filed February 14, 1940.

Victor P. Michel and Stone Taylor, for appellant; Charles F. Short, Jr., of counsel; E. T. O'Connor, John F. Dougherty and Thomas S. Hession, Jr., for appellee.


"Not to be published in full."


Summaries of

Schachtrup v. the Union Auto. Indemnity Ass'n

Appellate Court of Illinois, First District
Feb 14, 1940
303 Ill. App. 445 (Ill. App. Ct. 1940)
Case details for

Schachtrup v. the Union Auto. Indemnity Ass'n

Case Details

Full title:Herman J. Schachtrup, Appellee, v. The Union Automobile Indemnity…

Court:Appellate Court of Illinois, First District

Date published: Feb 14, 1940

Citations

303 Ill. App. 445 (Ill. App. Ct. 1940)
25 N.E.2d 534