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COMMERCE UNION BANK v. MIDLAND NAT. INS. CO.

Gen. No. 63-M-2.

43 Ill. App.2d 332 (1963)

193 N.E.2d 230

Commerce Union Bank, Plaintiff-Appellee, v. Midland National Insurance Company, and Robert Lewis Angel, Defendants-Appellants.

Appellate Court of Illinois — Fourth District.

October 15, 1963.

Attorney(s) appearing for the Case

J.E. Horsley and William E. Larrabee of Craig & Craig, of Mattoon, for appellants.

Fred McCollum & James B. Moses of Smith, McCollum & Riggle, of Flora, for appellee.

CULBERTSON, P.J.

The present action was instituted by Commerce Union Bank, as plaintiff, as against Midland National Insurance Company, and Robert Lewis Angel, as insurers of a certain Mack Tractor unit, for damage occasioned by fire. The Bank was the assignee of a conditional sales contract by the conditional buyer. Defenses asserted in this cause were (first) that arson by the named insured constituted a bar to recovery...

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