Merchants' Life Ass'n v. Treat
Appellate Court of Illinois
Assumpsit, on a policy of life insurance. Appeal from the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge, presiding. Heard in this court at the March term, 1901. This suit was brought on an insurance policy for $5,000, issued by the appellant, the Merchants’ Life Association, a Missouri corporation, upon the life of Eobert I. Helliwell, in' favor of appellees, Harry W. Treat and Ferdinand W. Peek, Jr., copartners of said Helliwell.
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Assumpsit, on a policy of life insurance. Appeal from the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge, presiding. Heard in this court at the March term, 1901. This suit was brought on an insurance policy for $5,000, issued by the appellant, the Merchants’ Life Association, a Missouri corporation, upon the life of Eobert I. Helliwell, in' favor of appellees, Harry W. Treat and Ferdinand W. Peek, Jr., copartners of said Helliwell. By stipulation the appellees were allowed to introduce any evidence under their declaration which they might introduce under any declaration on an…
1Opinion of the CourtJustice Sears
It is contended by the learned counsel for appellant that the judgment should be reversed upon the following grounds: First, because it does not appear that appellees had any insurable interest in the life of Helliwell; second, because the court erred in rulings upon the admission of evidence; third, because under the terms of the contract of insurance, no suit could be maintained upon the policy unless such suit was begun within one year from the time" of the death of the assured; and fourth, because there was evidence tending to establish the theory of defense, viz., that Helliwell had…
2Cases cited7 opinions
- Smith v. National Benefit SocietyNew York Court of Appeals · 1890
- Andes Insurance v. FishIllinois Supreme Court · 1874
- Jenkin v. Pacific Mutual Life Insurance Co.California Supreme Court · 1900
- Peoria Marine & Fire Insurance v. WhitehillIllinois Supreme Court · 1861
- Illinois Live Stock Insurance v. BakerIllinois Supreme Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Dolan v. Royal Neighbors of AmericaMissouri Court of Appeals · 1907
- Roberts v. Ætna Life InsuranceAppellate Court of Illinois · 1902