Legal Opinion

Smith v. Mutual Reserve Fund Life Ass'n

Appellate Court of Illinois

Decided April 3, 1908No. Gen No. 13,869PublishedCited by 2 opinions

Assumpsit. Appeal from the Superior Court of Cook county; the Hon. Samuel C. Stough, Judge, presiding.

1Opinion of the CourtJustice Smith

The record presents two questions, the decisions of which control the disposition of the case: First, did appellant have the right to deduct from the amount of the policy the excess mortality lien; and, second, was there an accord and satisfaction between the parties ?

Upon the question of the validity of the excess mortality lien or assessment the record shows that the deceased in his lifetime agreed with the Northwestern Company in the certificate of lien signed by him and dated October 28, 1899, that the $1,519.70, with any additional loan or charge, should “be a lien on the policy until…

2Cases cited7 opinions

  1. Simons v. Supreme Council American Legion of HonorNew York Court of Appeals · 1904
  2. Larkin v. . HardenbrookNew York Court of Appeals · 1882
  3. Bingham v. BrowningIllinois Supreme Court · 1902
  4. Scow v. Supreme CouncilIllinois Supreme Court · 1906
  5. Bolles v. Mutual Reserve Fund Life Ass'nIllinois Supreme Court · 1906

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Fowler v. Sovereign Camp, Woodmen of the WorldNebraska Supreme Court · 1921
  2. Martin v. Fraternal Reserve Life Ass'nAppellate Court of Illinois · 1916

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