Legal Opinion

Seery v. Catholic Order of Foresters

Appellate Court of Illinois

Decided January 14, 1913No. Gen. No. 17,796Published

Error to the Superior Court of Cook county; the Hon. Fablin Q. Ball, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1911.

1Opinion of the CourtJustice Barnes

Complainant is the widow of Thomas F. Seery and the beneficiary named in a benefit certificate for $1,000 issued to said Seery by the defendant, a fraternal beneficiary society organized under the lodge or subordinate court plan. Upon the theory that a mutual mistake was made as to the amount of said certificate, the bill was filed praying that the contract of insuranee be reformed so that the amount would read $2,000 instead of $1,000, and that defendant be decreed to pay the full $2,000.

Following the regular procedure, it appears that Seery signed a written application for membership, dated…

2Cases cited3 opinions

  1. Matthews v. WhitethornIllinois Supreme Court · 1906
  2. Emery v. MohlerIllinois Supreme Court · 1873
  3. Seeley v. BaldwinIllinois Supreme Court · 1900

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