Guardian Mutual Life Ins. v. Hogan
Illinois Supreme Court
Writ op Error to the Circuit Court of Winnebago county; the Hon. William Brown, Judge, presiding. On December 31, 1868, the plaintiff in error, a corporation in Hew York, granted to John Hogan, of Rockford, Illinois, a policy of insurance, Ho. 16,870. on his life, for $10,000. to be paid to his son, Patrick Hogan, who resided some 17 miles from Rockford, in Ogle county, on the death of the father, subject to the conditions of the policy.
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Writ op Error to the Circuit Court of Winnebago county; the Hon. William Brown, Judge, presiding. On December 31, 1868, the plaintiff in error, a corporation in Hew York, granted to John Hogan, of Rockford, Illinois, a policy of insurance, Ho. 16,870. on his life, for $10,000. to be paid to his son, Patrick Hogan, who resided some 17 miles from Rockford, in Ogle county, on the death of the father, subject to the conditions of the policy. The circumstances under which the policy was issued were, that J. C. Mayberry was the general agent of the companv in 1868 and 1872, residing at Rockford. L.…
1Opinion of the CourtJustice Sheldon
It is first insisted, as a ground for reversing the judgment, that the averments in the declaration are not sufficient to sustain the judgment, upon the evidence. The declaration was framed precisely as if John Hogan had, as the policy purported, in fact procured the insurance himself for the benefit of Patrick Hogan, and so it is not averred, as it need not be in such case, that Patrick Hogan had any interest in the life of John Hogan.
But a different rule prevails where one procures insurance on the life of another. In such case the plaintiff must aver, in his declaration on the policy, that…
2Cases cited4 opinions
- Insurance Co. v. BaileySupreme Court of the United States · 1871
- Ruse v. . the Mutual Benefit Life Insurance CompanyNew York Court of Appeals · 1861
- Cammack v. LewisSupreme Court of the United States · 1873
- Garrettson v. PeggIllinois Supreme Court · 1872
3Cited by52 opinions
- Masonic Benevolent Ass'n v. BunchSupreme Court of Missouri · 1891
- Ford v. A. E. Dick Co.Supreme Court of Pennsylvania · 1926
- Elkhart Mutual Aid, Benevolent & Relief Ass'n v. HoughtonIndiana Supreme Court · 1885
- Union Fraternal League v. WaltonSupreme Court of Georgia · 1899
- Helmetag's Adm'r v. MillerSupreme Court of Alabama · 1884
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