Legal Opinion

Metropolitan Life Insurance v. Moravec

Appellate Court of Illinois

Decided October 4, 1904No. Gen. No. 10,825Published

Action of assumpsit. Appeal from the Superior Court of Cook County; the Hon. Philip Stein, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1903.

1Opinion of the Court

Mr. Presiding Justice Freeman

delivered the opinion of the court.

It is contended by appellant that the statements and answers in the application which is by the policy made a part of the contract, are warranties, and if any of them are untrue, that there can be no recovery upon the policy.

It is first urged that' the trial court erred in denying a motion for continuance made by appellant, based upon the absence of a witness whose testimony was deemed material to the defense. The affidavit filed in support of the motion sets forth that a doctor McNeil who had examined the insured at the…

2Cases cited10 opinions

  1. Moulor v. American Life InsuranceSupreme Court of the United States · 1884
  2. Hempton v. StateWisconsin Supreme Court · 1901
  3. Globe Mutual Life Insurance v. WagnerIllinois Supreme Court · 1900
  4. Guyer v. Davenport, Rock Island & Northwestern Ry. Co.Illinois Supreme Court · 1902
  5. Howard v. Illinois Trust & Savings BankIllinois Supreme Court · 1901

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