Northwestern Benevolent & Mutual Aid Ass'n v. Wanner
Appellate Court of Illinois
Appeal from the Circuit Court of Peoria County; the Hon. S. S. Page, Judge, presiding. The appellant was duly organized under an act of the Legislature of the State of Illinois, entitled “An Act for the Organization and Management of Corporations, etc., for Indemnity to Members thereof.”
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Appeal from the Circuit Court of Peoria County; the Hon. S. S. Page, Judge, presiding. The appellant was duly organized under an act of the Legislature of the State of Illinois, entitled “An Act for the Organization and Management of Corporations, etc., for Indemnity to Members thereof.” Approved June 18, 1883. The organization of the appellant took place April 29, 1884. This action brought by the appellee was in covenant, and was based on a second grade certificate, set out in the declaration, in substance, as follows: “This certificate, issued by appellant, witnesseth, that Joseph Wanner is…
1Opinion of the CourtLacey, J.
We are of the opinion that the pleas are not good and that the court below did not err in sustaining a demurrer to them. It appears at the time Joseph Wanner took the certificate of insurance, there was no such by-laws as was afterward passed and numbered 17, and it is, therefore, no bar to the recovery of appellee if the insured should die by his own hand, act or procurement, sane or insane. But it is contended by counsel for appellant that Joseph Wanner was a member of the society as well as a contractor for insurance or benefit, and that by his certificate he took it on the condition that…
2Cases cited3 opinions
- Covenant Mutual Benefit Ass'n v. SearsIllinois Supreme Court · 1885
- Middlesex Turnpike Corp. v. SwanMassachusetts Supreme Judicial Court · 1813
- Protection Life Insurance v. FooteIllinois Supreme Court · 1875
3Cited by10 opinions
- Patterson v. Natural Premium Mutual Life InsuranceWisconsin Supreme Court · 1898
- Lange v. HighlandersNebraska Supreme Court · 1905
- Supreme Tent of Knights of the Maccabees v. HammersAppellate Court of Illinois · 1899
- Covenant Mutual Life Ass'n v. TuttleAppellate Court of Illinois · 1900
- Modern Woodmen of America v. WielandAppellate Court of Illinois · 1903
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