Middeke v. Balder
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District; — heard in that court on appeal from the Circuit Court of Cook county; the Hon. Charles G. Neely, Judg'e, presiding. This was a bill of interpleader by the National Union, a fraternal beneficiary association, bringing into court the parties to this appeal for the purpose of having their conflicting claims to the benefit which became payable on the death of F. H. Marty, settled.
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Appeal from the Branch Appellate Court for the First District; — heard in that court on appeal from the Circuit Court of Cook county; the Hon. Charles G. Neely, Judg'e, presiding. This was a bill of interpleader by the National Union, a fraternal beneficiary association, bringing into court the parties to this appeal for the purpose of having their conflicting claims to the benefit which became payable on the death of F. H. Marty, settled. Marty held a benefit certificate, in which the association promised to pay to Ms wife, Agnes Marty, $2000 upon the death of the member in good standing.…
1Opinion of the CourtJustice Carter
When two or more persons lose their lives in a common disaster, by the civil law a number of presumptions of survivorship arise, based" on age, sex and condition of health, but there is no presumption that they all died simultaneously. At common law there is no presumption of survivorship, and if survivorship is claimed it must be proved, and the one having the burden of proof of such survivorship must fail if he cannot prove it. While there is no such presumption, the practical result of this rule is that the parties are trpated as having all died at the same instant of time, and that no one…
2Cases cited10 opinions
- Martin v. StubbingsIllinois Supreme Court · 1888
- Newell v. . NicholsNew York Court of Appeals · 1878
- United States Casualty Co. v. KacerSupreme Court of Missouri · 1902
- Fuller v. LinzeeMassachusetts Supreme Judicial Court · 1883
- Paden, Administrator v. BriscoeTexas Supreme Court · 1891
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3Cited by20 opinions
- St. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
- Wall v. PfanschmidtIllinois Supreme Court · 1914
- Walton & Co. v. BurchelTennessee Supreme Court · 1907
- Grand Legion v. BeatyIllinois Supreme Court · 1906
- Pollard v. GormanCourt of Appeals of Georgia · 1935
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