Supreme Lodge Knights & Ladies of Honor v. Menkhausen
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. M. W. Schaefer, Judge, presiding. This was an action of assumpsit in the circuit court •of St. Clair county by appellees against the Supreme Lodge Knights and Ladies of Honor. The declaration was filed to the January term, 1902, of that court, and consisted of one special count for the amount of a certain benefit certificate.
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Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. M. W. Schaefer, Judge, presiding. This was an action of assumpsit in the circuit court •of St. Clair county by appellees against the Supreme Lodge Knights and Ladies of Honor. The declaration was filed to the January term, 1902, of that court, and consisted of one special count for the amount of a certain benefit certificate. It sets out the facts that on March 22, 1893, the defendant issued its policy of insurance on the life of Elizabeth Menkhausen in…
1Opinion of the CourtJustice Scott
The beneficiary named in a benefit certificate who feloniously takes the life of the insured cannot recover from the fraternal beneficiary society, and it is now urged that public policy also requires us to hold that in such a case there cari be no recovery by any person whomsoever against such a society, and that under such circumstances not only is the certificate void, but the obligation of the society to pay to any one whomsoever is canceled and rendered absolutely inoperative. The cases relied upon by appellant are of two classes: First, where the insured was murdered by the beneficiary…
2Cases cited6 opinions
- Tyler v. Odd Fellows' Mutual Relief Ass'nMassachusetts Supreme Judicial Court · 1887
- Schmidt v. Northern Life Ass'nSupreme Court of Iowa · 1900
- Schonfield v. TurnerCourt of Appeals of Texas · 1889
- Palmer v. WelchIllinois Supreme Court · 1890
- Baldwin v. BegleyIllinois Supreme Court · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Bradley v. FoxIllinois Supreme Court · 1955
- Slocum v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1923
- Wall v. PfanschmidtIllinois Supreme Court · 1914
- Collins v. Metropolitan Life InsuranceIllinois Supreme Court · 1907
- Illinois Bankers Life Ass'n v. CollinsIllinois Supreme Court · 1930
38 more not listed; retrieve them via the Exa API.