Treat v. Merchants' Life Ass'n
Illinois Supreme Court
Appeal from the Appellate Court for the First District; — heard in that court on appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This is an action of assumpsit, brought .by the appellants in the superior court of Cook county, to recover upon an insurance policy for $5000 issued by the appellee upon the life of Robert A. Helliwell in their favor, as co-partners of said Helliwell.
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Appeal from the Appellate Court for the First District; — heard in that court on appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This is an action of assumpsit, brought .by the appellants in the superior court of Cook county, to recover upon an insurance policy for $5000 issued by the appellee upon the life of Robert A. Helliwell in their favor, as co-partners of said Helliwell. The declaration consists of two special and the appropriate common counts, to which was interposed a plea of the general issue, and it was stipulated that the plaintiffs might…
1Opinion of the CourtJustice Hand
It is first contended that the Appellate Court erred in its finding of fact, and in reversing the case without remanding the same to the superior court for a new trial. The Appellate Court, under section 88 of the Practice act, (3 Starr & Cur. Stat. — 2d ed. — chap. 110, p. 3114,) has no power to make a finding of fact unless it finds the facts, in whole or in part, different froth the finding of the trial court. (Gammon v. Huse, 100 Ill. 234.) In this case the trial court’heard only the evidence of the defendant, and, on the motion of the plaintiffs based upon that evidence, held, as a…
2Cases cited2 opinions
- Supreme Council v. CurdIllinois Supreme Court · 1884
- Gammon v. HuseIllinois Supreme Court · 1881
3Cited by25 opinions
- People v. ColeCalifornia Supreme Court · 1956
- Illinois Central Railroad v. SmithIllinois Supreme Court · 1904
- Hanson v. Northwestern Mutual Life InsuranceAppellate Court of Illinois · 1923
- New York Life Insurance v. RakIllinois Supreme Court · 1962
- Goddard v. EnzlerAppellate Court of Illinois · 1905
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