Legal Opinion

Grand Lodge of Illinois Independent Order of Mutual Aid v. Peiffer

Appellate Court of Illinois

Decided October 23, 1906No. Gen. No. 12,697PublishedCited by 2 opinions

Action of assumpsit. Appeal from the Circuit Court of Cook county; the Hon. Charles M. Walker, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1905.

1Opinion of the CourtJustice Smith

No question of pleadings is made on the record. No question of fraud is presented by the pleadings or the evidence. The principal question presented is the effect of the receipt or release signed by appellee at the time appellant paid the money to appellee and received the certificate with the indorsement thereon from appellee.

The evidence and the circumstances surrounding the transaction convince us that it was the intention of both parties at the time the money was paid and the certificate was surrendered to make a full settlement of the claim of appellee against appellant under the…

2Cases cited3 opinions

  1. Larkin v. . HardenbrookNew York Court of Appeals · 1882
  2. Beach v. EndressNew York Supreme Court · 1868
  3. Doty v. WilsonNew York Supreme Court · 1871

3Cited by2 opinions

  1. Sears, Sucsy & Co. v. Insurance Company of No. Amer.District Court, N.D. Illinois · 1974
  2. Smith v. Mutual Reserve Fund Life Ass'nAppellate Court of Illinois · 1908

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