Miller v. Mutual Reserve Fund Life Ass'n
Appellate Court of Illinois
Action of assumpsit upon benefit certificate. Error to the Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1903.
1Opinion of the Court
Mr. Presiding Justice Freeman
delivered the opinion of the court.
It is contended in behalf of the plaintiff in error that the fraud and duress alleged in the first replication to have been employed by the defendant in error to procure the release setup in the special plea, were of a character such as can be availed of in this action at law, and that the demurrer to said replication was therefore erroneously sustained. Fraud in the execution of the instrument itself may be shown in an action at law; but “ where the fraud consists in fraudulent representations as to collateral facts, or as to…
2Cases cited5 opinions
- Richelieu Hotel Co. v. International Military Encampment Co.Illinois Supreme Court · 1892
- Papke v. G. H. Hammond Co.Illinois Supreme Court · 1901
- Bingham v. BrowningIllinois Supreme Court · 1902
- Latham v. SmithIllinois Supreme Court · 1867
- Wheeler & Wilson Manufacturing Co. v. LongAppellate Court of Illinois · 1881