Wheeler v. Mutual Reserve Fund Life Ass'n
Appellate Court of Illinois
Assumpsit, on a policy of life insurance. Appeal from the Circuit Court of Cook County; the Hon. Edward P. Vail, Judge presiding.
1Opinion of the CourtJustice Windes
For appellant it is claimed that under the insurance statute of this State (Hurd, 1889, p. 820, Sec. 8), these policies are wager or gaming contracts, and as such are illegal and void. And if illegal, then he is entitled to recover the money by him paid thereon as for money had and received. We are of opinion that this claim is not tenable.
Conceding the appellant’s claim that the policies are void for the reason that they are expressly prohibited by the statute of this State, the illegality appears upon the face of the policies, and was known to appellant as well as appellee. He is bound to…
2Cases cited17 opinions
- Relfe v. RundleSupreme Court of the United States · 1881
- New York Life Insurance v. CravensSupreme Court of the United States · 1900
- Cravens v. New York Life InsuranceSupreme Court of Missouri · 1899
- Penn v. BornmanIllinois Supreme Court · 1882
- Chicago Mutual Life Indemnity Ass'n v. HuntIllinois Supreme Court · 1889
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3Cited by1 opinion
- Scharles v. N. Hubbard Jr. & Co.Appellate Terms of the Supreme Court of New York · 1911