Roberts v. Ætna Life Insurance
Appellate Court of Illinois
Assumpsit, on a policy of life insurance. Error to the Superior Court of Cook County; the Hon. Farlin Q. Ball, Judge, presiding. Hear d in this court at the October term, 1901. Statement,—Defendant in error, an insurance company, issued a policy insuring the life of David Roberts, and plaintiff in error was named therein as beneficiary.
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Assumpsit, on a policy of life insurance. Error to the Superior Court of Cook County; the Hon. Farlin Q. Ball, Judge, presiding. Hear d in this court at the October term, 1901. Statement,—Defendant in error, an insurance company, issued a policy insuring the life of David Roberts, and plaintiff in error was named therein as beneficiary. The policy of insurance was issued March 14, 1399. At that time David Roberts gave his four notes of $6.25 each for the premiums for periods aggregating one year, the first of which was payable one month from the date of the policy, and the payment thereof was…
1Opinion of the CourtJustice Seabs
The learned counsel for plaintiff in error contend that the policy of insurance sued on constitutes a valid contract and may be enforced, although the premiums provided for, subsequent to the first premium, have not been paid. This contention is based upon two propositions, viz.: First, that the provision of the policy for payment of premiums does not constitute any obligation upon the beneficiary, and hence any failure to comply with such condition can not affect the right of the beneficiary to enforce the contract; and second, that if payment of premiums is held to constitute a condition…
2Cases cited2 opinions
- Bane v. Travelers' InsuranceCourt of Appeals of Kentucky · 1887
- Merchants' Life Ass'n v. TreatAppellate Court of Illinois · 1901
3Cited by7 opinions
- Royal Ins. Co. v. EgglestonAlabama Court of Appeals · 1924
- Globe Mutual Life Insurance v. MarchAppellate Court of Illinois · 1905
- Ingersoll v. Mutual Life Insurance Co. of New YorkAppellate Court of Illinois · 1910
- French v. Continental Assurance Co.Wisconsin Supreme Court · 1938
- Kearney v. Ætna Life Ins.Appellate Court of Illinois · 1903
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