Railway Passenger & Freight Conductors' Mutual Aid & Benefit Ass'n v. Loomis
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. B. S. Tuthill, Judge, presiding. This is an action of assumpsit, begun in the Circuit Court óf Cook County on May 20,1889, by the appellee against the appellant Association, to recover the benefits, or life insurance, claimed to be due to her by reason of the death of her husband, H. H. Loomis.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. B. S. Tuthill, Judge, presiding. This is an action of assumpsit, begun in the Circuit Court óf Cook County on May 20,1889, by the appellee against the appellant Association, to recover the benefits, or life insurance, claimed to be due to her by reason of the death of her husband, H. H. Loomis. The trial in the Circuit Court, resulted in a verdict and judgment for $2500.00 in favor of the plaintiff, which judgment has been affirmed by the Appellate Court. The…
1Opinion of the CourtJustice Magruder
The only question in this case, which we deem it material to consider, is whether the action is barred by the statute of limitations. H. H. Loomis died on July 10,1883. Plaintiff’s claim was rejected by the board of directors of the defendant Association on November 14,1883; and notice of such rejection was given her on November 19, 1883. More than five years elapsed after each of these dates before the beginning of the present suit on May 20, 1889. Section 15 of the Limitation Act is as follows: “Actions on unwritten contracts, expressed pr implied, or on awards of arbitration, or to recover…
2Cases cited14 opinions
- Grafton v. CummingsSupreme Court of the United States · 1879
- Plumb v. CampbellIllinois Supreme Court · 1888
- Baker v. Johnson CountySupreme Court of Iowa · 1871
- Board of Commissioners v. ShipleyIndiana Supreme Court · 1881
- Hancock v. American Life InsuranceSupreme Court of Missouri · 1876
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3Cited by44 opinions
- Whalen v. GordonCourt of Appeals for the Eighth Circuit · 1899
- Knights Templars & Masons Life Indemnity Co. v. CraytonIllinois Supreme Court · 1904
- Marshall v. PletzSupreme Court of the United States · 1943
- Railway Passenger & Freight Conductors' Mutual Aid & Benefit Ass'n v. TuckerIllinois Supreme Court · 1895
- Dickirson v. the Pacific Mutual Life Ins. Co.Illinois Supreme Court · 1925
39 more not listed; retrieve them via the Exa API.