{
  "id": 5411764,
  "name": "M. E. Scarlett and George Thomas, Appellees, v. National Live Stock Insurance Company, Appellant",
  "name_abbreviation": "Scarlett v. National Live Stock Insurance",
  "decision_date": "1916-10-13",
  "docket_number": "",
  "first_page": "450",
  "last_page": "451",
  "citations": [
    {
      "type": "official",
      "cite": "202 Ill. App. 450"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "193 Ill. App. 488",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        2884098
      ],
      "opinion_index": -1,
      "case_paths": [
        "/ill-app/193/0488-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T20:59:19.228114+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "M. E. Scarlett and George Thomas, Appellees, v. National Live Stock Insurance Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Eldredge\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Eldredge"
      }
    ],
    "attorneys": [
      "Lindley, Penwell & Lindley, for appellant; Walter C. Lindley, of counsel.",
      "J. H. Dyer and C. F. Dyer, for appellees."
    ],
    "corrections": "",
    "head_matter": "M. E. Scarlett and George Thomas, Appellees, v. National Live Stock Insurance Company, Appellant.\n(Not to be reported in full.)\nAppeal from the Circuit Court of Vermilion county; the Hon. Augustus A- Partlow, Judge, presiding. Heard in this court at the April term, 1916.\nAffirmed.\nOpinion filed October 13, 1916.\nStatement of the Case.\nAction of assumpsit by M. E. Scarlett and George Thomas, -plaintiffs, against the National Live Stock Insurance Company, defendant, on a policy of insurance on a stallion belonging to the plaintiffs. From a judgment for plaintiffs for $1,100, defendant appeals.\nOn a former appeal a judgment in favor of plaintiffs was reversed for error in giving an instruction. Scarlett v. National Live Stock Ins. Co., 193 Ill. App. 488.\nLindley, Penwell & Lindley, for appellant; Walter C. Lindley, of counsel.\nJ. H. Dyer and C. F. Dyer, for appellees.\nAbstract of the Decision.\n1. Appeal and error, \u00a7 1725 \u2014what is res adjudicata on second appeal. Alleged errors passed on appeal of a case are res adjudicata on a subsequent appeal.\n2. Witnesses, \u00a7 144*\u2014when insured is competent to testify as to transactions with the deceased agent of insurer. In an action on a policy of insurance on a stallion where his owners claimed that they answered all the questions in the application truthfully but that the defendant\u2019s agent inserted false answers, admission of the testimony of the owners that they did not know what answers were inserted in the application by the defendant\u2019s agent, deceased at the time of the trial, that they did not read the answers and that they first learned what answers were in the application at the time of a former trial of the case, held admissible and not excluded by Hurd\u2019s Rev. St. 1911, ch. 51, sec. 4 (J. & A. If 5521), making incompetent the testimony of a party to an action as to admissions or conversations with the other party\u2019s agent, deceased at the time of the trial.\nSee Illinois Notes Digest, Vola. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0450-01",
  "first_page_order": 476,
  "last_page_order": 477
}