Benes v. Supreme Lodge Knights & Ladies of Honor
Illinois Supreme Court
Writ oe Error to the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Axel Chytraus, Judge, presiding.
Read the full summary
Writ oe Error to the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Axel Chytraus, Judge, presiding. Johanna Benes, plaintiff in error, brought suit in assumpsit in the superior court of Cook county, to the January term, 1905, against the Supreme Lodge Knights and Ladies of Honor, a corporation, defendant in error, to recover an amount alleged to be due her upon a benefit certificate issued by said corporation. To the third replication to the plea defendant interposed a general and special demurrer, which was…
1Opinion of the CourtJustice Scott
The laws "adopted by defendant in error fixing the right's and obligations of its members were a part of the contra'ct made with John Benes. Under those laws there could be no recovery in this case for the reason that the insured took his own life. Plaintiff in error contends that the association is estopped to interpose this provision of its laws as a defense by reason of facts averred by her replication, to the effect that prior to the time when Benes made application for membership in the order he applied to the officers of the subordinate lodge of which he afterward became a member for a…
2Cases cited4 opinions
- Simeral v. Dubuque Mutual Fire InsuranceSupreme Court of Iowa · 1865
- Pfister v. GerwigIndiana Supreme Court · 1890
- Loyd v. Modern Woodmen of AmericaMissouri Court of Appeals · 1905
- Treadway v. Hamilton Mutual InsuranceSupreme Court of Connecticut · 1860
3Cited by8 opinions
- Miller v. Supreme Tent of the Knights of the Maccabees of the WorldWashington Supreme Court · 1919
- Young v. Westark Production Credit Ass'nSupreme Court of Arkansas · 1953
- Hatch v. Royal LeagueAppellate Court of Illinois · 1924
- Jewish War Veterans' Memorial Home Ass'n v. Jewish War Veterans of the United StatesDistrict Court, E.D. Michigan · 2004
- Lang v. North American UnionAppellate Court of Illinois · 1922
3 more not listed; retrieve them via the Exa API.