Eclectic Life Insurance v. Fahrenkrug
Illinois Supreme Court
Writ of Error to the Circuit Court of Cook county; the Hon. Henry Booth, Judge, presiding. This was an action of assumpsit, by Alwine Fahrenkrug against The Eclectic Insurance Company, on a policy of insurance upon the life of Christian Heinrich Fahrenkrug, the plaintiff's husband. The plaintiff recovered $1000 in the circuit court, being the amount named in the policy. The material facts of this ease are stated in the opinion of the court.
1Opinion of the CourtJustice Scholfield
A reversal of the judgment of the court below is asked on two grounds: First, that the policy was caused to be issued by means of the fraudulent representations of the assured, in reference to the health of Fahrenkrug, upon whose life the insurance was effected; second, that the policy was forfeited for the non-payment of premium.
We think the evidence fails to show any false representations in relation to Fahrenkrug’s health. It is, on the contrary, proved that he was in good health at and previous to the time when the policy was issued. The mere fact that he was, shortly after, stricken with…
2Cases cited3 opinions
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
- Bodine v. . Exchange Fire Ins. Co.New York Court of Appeals · 1872
- Ætna Insurance v. MaguireIllinois Supreme Court · 1869
3Cited by34 opinions
- Phenix Insurance v. StocksIllinois Supreme Court · 1893
- Syndicate Insurance v. CatchingsSupreme Court of Alabama · 1893
- Continental Insurance v. RuckmanIllinois Supreme Court · 1889
- John Hancock Mutual Life Insurance v. SchlinkIllinois Supreme Court · 1898
- Pollock v. German Fire-InsuranceMichigan Supreme Court · 1901
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