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NORTHERN STATES CO., INC. v. A. FINKL & SONS CO.

Gen. No. 46,744.

8 Ill. App.2d 419 (1956)

132 N.E.2d 59

Northern States Company, Inc., Plaintiff-Appellee, v. A. Finkl & Sons Company, Defendant-Appellant, and Patrick J. Collins, Defendant. A. Finkl & Sons Company, Counterclaimant-Appellant, v. Northern States Company, Inc., Bituminous Casualty Corporation, and Patrick J. Collins, Counterdefendants-Appellees.

Appellate Court of Illinois — First District, Third Division.

Rehearing denied February 29, 1956.

Released for publication February 29, 1956.

Attorney(s) appearing for the Case

Hinshaw, Culbertson, Moelmann & Hoban, of Chicago, for defendant-appellant and counterclaimant-appellant; Oswell G. Treadway, John M. Moelmann, and John L. Kirkland, all of Chicago, of counsel.

Andrew J. Farrell, of Chicago, for plaintiff-appellee and counterdefendants-appellees; Thomas J. Weithers, of Chicago, of counsel.

JUDGE FEINBERG delivered the opinion of the court.

Plaintiff filed a complaint for a declaratory judgment that an indemnity agreement given by it, as contractor, to defendant A. Finkl & Sons Company, did not cover an accident occurring to defendant Collins, an employee of plaintiff. Defendant Finkl filed a counterclaim for declaratory judgment that said indemnity did cover the accident in question. A hearing by the...

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