Benton v. Brotherhood of Railroad Brakemen
Illinois Supreme Court
Writ of Error to the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Knox county; the Hon. Arthur A. Smith, Judge, presiding.
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Writ of Error to the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Knox county; the Hon. Arthur A. Smith, Judge, presiding. This was a bill in chancery, brought by Mrs. S. S. Benton against the Brotherhood of Railroad Brakemen, to recover the sum of $1000 and interest, claimed to be due her upon a certain instrument, in the nature of a policy of insurance, issued by the defendant-to Fletcher D. Benton, the complainant’s son, and by his indorsement thereon, made payable to her. The instrument or policy in question was dated May 8, 1888, and…
1Opinion of the CourtChief Justice Bailey
It being admitted that the amount payable upon the membership certificate of Fletcher D. Benton is due from the Brotherhood of Railroad Brakeman, and should be paid either to Benton’s widow or to the complainant, the only question presented by this appeal is, which of these parties is legally entitled to such payment ? The decision of this question must depend upon the construction and legal effect to be given to the amendment to the constitution of the brotherhood adopted in October, 1888. It can not be doubted that the indorsement made by Benton upon his membership certificate at the time…
2Cases cited1 opinion
- Martin v. StubbingsIllinois Supreme Court · 1888
3Cited by21 opinions
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