Cunat v. Supreme Tribe of Ben Hur
Illinois Supreme Court
Writ of Error to the Appellate Court for the First District ;—heard in that court on appeal from the Municipal Court of Chicago; the Hon. Stephen A. Foster, Judge, presiding.
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Writ of Error to the Appellate Court for the First District ;—heard in that court on appeal from the Municipal Court of Chicago; the Hon. Stephen A. Foster, Judge, presiding. This was an action commenced in the municipal court of Chicago by Joseph Cunat and Mary Cunat, the defendants in error, against the Supreme Tribe of Ben Hur, the plaintiff in error, a fraternal beneficiary association, upon a benefit certificate issued by the plaintiff in error upon the life of Katherine Hubicka for the sum of $1400, in which Joseph Cunat and Mary Cunat were named as beneficiaries. The case was tried…
1Opinion of the CourtJustice Hand
It is first contended that the naming of Joseph Cunat in the application as a beneficiary when he was not eligible had the effect to avoid the benefit certificate. This contention cannot be sustained. In Norwegian Old People’s Home Society v. Wilson, 176 Ill. 94, a benefit certificate was issued by the Policemen’s Benevolent Association to Elef Danielson, and the Norwegian Old People’s Home Society and P. J. Danielson, a brother of the insured, were named as beñeficiaries. The benefit certificate provided that one-half of the insurance should be paid to each of the said beneficiaries, and it…
2Cases cited5 opinions
- Norwegian Old People's Home Society v. WilsonIllinois Supreme Court · 1898
- Minnesota Mutual Life Insurance v. LinkIllinois Supreme Court · 1907
- Caudell v. WoodwardCourt of Appeals of Kentucky · 1895
- Beard v. SharpCourt of Appeals of Kentucky · 1897
- Grimme v. GrimmeIllinois Supreme Court · 1902
3Cited by7 opinions
- Pacific Mut. Life Ins. Co. of Cal. v. O'NeilSupreme Court of Oklahoma · 1913
- Howell Ex Rel. Howell v. American National InsuranceSupreme Court of North Carolina · 1925
- Stevens v. Woodmen of the WorldMontana Supreme Court · 1937
- Knass v. Madison & Kedzie State BankAppellate Court of Illinois · 1933
- White v. WhiteMississippi Supreme Court · 1916
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