Northwestern Benevolent & Mutual Aid Ass'n v. Cain
Appellate Court of Illinois
Appeal from the Circuit Court" of Marshall County; the Hon. T. M. Shaw, Judge,, presiding. Statement of the case by Welch, J. This was an action of assumpsit brought by appellee against appellant upon a certificate of membership issued by the appellant to Thomas W. Cain, on the 14th day of May, 1883, by which the sum of $2,500 was to be paid within sixty days after the death of said Cain, to his wife, the plaintiff below and present appellee.
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Appeal from the Circuit Court" of Marshall County; the Hon. T. M. Shaw, Judge,, presiding. Statement of the case by Welch, J. This was an action of assumpsit brought by appellee against appellant upon a certificate of membership issued by the appellant to Thomas W. Cain, on the 14th day of May, 1883, by which the sum of $2,500 was to be paid within sixty days after the death of said Cain, to his wife, the plaintiff below and present appellee. The certificate of membership at its conclusion contains the following clause: “ This certificate is issued upon the condition that the said Thomas W.…
1Opinion of the CourtWelch, J.
The first question which we shah consider is whether the statements made by Gain in his application for membership are warranties, and if they were in any respect untrue, whether such want of truthfulness avoids the contract between the parties.
The application in the case of the Illinois Masons Benevolent Society v. Charles E. R. Winthrop, Adm’r etc., 85 Ill. 537, contained this provision : “ It is hereby declared that the above are true and fair answers to the foregoing questions, in which there is no misrepresentation or suppression of known facts, and I acknowledge and agree that the above…
2Cases cited4 opinions
- Moulor v. American Life InsuranceSupreme Court of the United States · 1884
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Price v. Phœnix Mutual Life InsuranceSupreme Court of Minnesota · 1871
- Illinois Masons' Benevolent Society v. WinthropIllinois Supreme Court · 1877
3Cited by4 opinions
- Ætna Insurance v. SimmonsNebraska Supreme Court · 1896
- Ætna Life Insurance v. RehlaenderNebraska Supreme Court · 1903
- Provident Savings Life Assurance Society v. CannonAppellate Court of Illinois · 1902
- Globe Mutual Life Ins. v. WagnerAppellate Court of Illinois · 1900