Legal Opinion

Loyal Americans v. Edwards

Appellate Court of Illinois

Decided November 1, 1902Published

Assumpsit.—Appeal from the Circuit Court of Sangamon County; the Hon. Jakes A. Creighton, Judge'presiding. Heard in this court at the May term, 1903. In 1900, appellant was organized as a fraternal beneficiary society under the act of June 22,1893. Soon after its organization, Mary Zimmerman, an unmarried woman twenty-one years of age, became a member and took out a beneficiary certificate on her life for $1,000, payable to her minor brother, Charles Zimmerman, on her death.

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Assumpsit.—Appeal from the Circuit Court of Sangamon County; the Hon. Jakes A. Creighton, Judge'presiding. Heard in this court at the May term, 1903. In 1900, appellant was organized as a fraternal beneficiary society under the act of June 22,1893. Soon after its organization, Mary Zimmerman, an unmarried woman twenty-one years of age, became a member and took out a beneficiary certificate on her life for $1,000, payable to her minor brother, Charles Zimmerman, on her death. About two and one-half months after receiving the certificate, she died from inflammation of the womb and blood…

1Opinion of the CourtJustice Harker

It is contended by appellant that it is not liable, because it was induced to enter into the contract of insurance by the fraudulent concealment and false representation of Mary Zimmerman in regard to her pregnancy. That fact she did not make known, and there is a conflict in the testimony as to whether she was interrogated concerning it. Appellant contends that her pregnancy was a fact material both to the making of the contract and to the risk, and that its concealment had the effect to render the policy void. That point is elaborately discussed in the printed brief and argument of…

2Cases cited2 opinions

  1. Hayes v. Massachusetts Mutual Life InsuranceIllinois Supreme Court · 1888
  2. Ramsey v. PerleyIllinois Supreme Court · 1864

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