Categories: Illinois Appellate Court Opinions

SUNDQUIST v. ILLINOIS FIRE INS. CO., 305 Ill. App. 160 (1940)

26 N.E.2d 750

Anton E. Sundquist, Appellee, v. Illinois Fire Insurance Company of Peoria, Appellant.

Gen. No. 9,379. (Abstract of Decision.)Appellate Court of Illinois.
Opinion filed April 6, 1940

EVIDENCE, § 93[*] — crime as defense in civil action, degree of proof required. In action on fire insurance policy, defended on ground that arson had been committed, lower court erred in permitting counsel for plaintiff to tell jury that defense of arson must be proved beyond a

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reasonable doubt, and in refusing an instruction offered by defendant, to the effect that defense of arson need be proved only by a preponderance of the evidence.

[*] See Callaghan’s Illinois Digest, same topic and sectionnumber.

Appeal from Circuit Court of Stark county; Hon. JOSEPH E. DAILY, presiding.

Reversed and remanded. Heard in this court at February term, 1939.

Clausen, Hirsch Miller and Shurtleff Niehaus, for appellant;

F.B. Brian and Andrews Young, for appellee; J.E. Richards, of counsel.

Opinion by JUSTICE DOVE.

“Not to be published in full.” Opinion filed April 6, 1940.

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