Jackson v. Security Mutual Life Insurance
Appellate Court of Illinois
Assumpsit. Appeal from the Circuit Court of Cook county; the Hon. Merritt W. Pinckney, Judge, presiding. Statement by the Court. Appellant brought an action in assumpsit to recover from appellee a balance of $7,500 alleged to be due upon an insurance policy for $10,000 issued by appellee upon the life of William S. Jackson, her husband.
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Assumpsit. Appeal from the Circuit Court of Cook county; the Hon. Merritt W. Pinckney, Judge, presiding. Statement by the Court. Appellant brought an action in assumpsit to recover from appellee a balance of $7,500 alleged to be due upon an insurance policy for $10,000 issued by appellee upon the life of William S. Jackson, her husband. She seeks also to recover $409.68 paid by her to an agent of the defendant during the lifetime of her said husband upon the alleged understanding on her part that such sum was due for unpaid premium on said policy, but which she now claims had in fact been…
1Opinion of the Court
Mr. Presiding Justice Freeman
delivered the opinion of the court.
It is first urged in behalf of appellant that the acceptance by the creditor of a less sum of money than the amount due on a liquidated demand in payment of the whole amount will not constitute a defense to a suit for the balance, unless such payment is made and accepted in pursuance of an honest compromise, fairly obtained of a demand concerning the validity of which there is a bona fide dispute, citing among other cases Ostrander v. Scott, 161 Ill. 339-345, where it is said: “The authorities are numerous and uniform that a…
2Cases cited13 opinions
- Fire Ins. Assn., Ltd. v. WickhamSupreme Court of the United States · 1891
- George v. TateSupreme Court of the United States · 1881
- Ostrander v. ScottIllinois Supreme Court · 1896
- Papke v. G. H. Hammond Co.Illinois Supreme Court · 1901
- Davidson v. BurkeIllinois Supreme Court · 1892
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