Mueller v. United States Mutual Accident Ass'n
Appellate Court of Illinois
Memorandum.—Assumpsit. In the Circuit Court of Cook County; the Hon. Samuel P. McConnell, Judge, presiding. Declaration on a certificate of insurance; plea, general issue; trial by jury; verdict for plaintiff; motion for a new trial granted; cause then submitted to the court upon an agreed statement of facts; finding for defendant; appeal by plaintiff. Heard in this court at the March term, 1893, and reversed. Judgment entered in the Appellate Court.
1Opinion of the CourtJustice Gary
The appellant is the administrator of Agnes Scheel, who was the wife of Charles Scheel. By the appellee, Charles was insured against death by accident, the policy payable to her.
The only question is, whether Charles had forfeited his membership by the non-payment of an assessment.
The policy contained a clause that if an assessment “ be not paid before its expiration, this certificate and all insurance thereunder will then cease to be in force.”
One of the by-laws of the association provides that “ any member who shall not remit the amount of his assessment or annual dues within thirty days…
2Cases cited3 opinions
- Metropolitan Safety Fund Accident Ass'n v. WindoverIllinois Supreme Court · 1891
- Union National Bank v. Manistee Lumber Co.Appellate Court of Illinois · 1892
- National Bank v. First National BankAppellate Court of Illinois · 1890
3Cited by2 opinions
- Court of Honor v. DingerAppellate Court of Illinois · 1905
- District Grand Lodge No. 4, O. K. S. B. v. MenkenAppellate Court of Illinois · 1896