Supreme Council, Catholic Benevolent Legion v. Gallery
Court of Appeals for the Seventh Circuit
In Error to the District Court of United State's for the Eastern Division of the Northern District of Illinois. Action by Mary J. Gallery against the Supreme Council, Catholic Benevolent Legion. Verdict for plaintiff, and defendant brings error. The action was upon a benefit certificate issued in 1884 to Wm. J. Onahan by plaintiff in error, a fraternal benefit society chartered by the state of New York.
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In Error to the District Court of United State's for the Eastern Division of the Northern District of Illinois. Action by Mary J. Gallery against the Supreme Council, Catholic Benevolent Legion. Verdict for plaintiff, and defendant brings error. The action was upon a benefit certificate issued in 1884 to Wm. J. Onahan by plaintiff in error, a fraternal benefit society chartered by the state of New York. The certificate provides for payment of $5,000 maximum to the beneficiary named upon death of the member. In 1904 the Legion found itself quite deeply in arrears for accrued benefits, and it…
1Opinion of the CourtArschurer, Circuit Judge
(after stating the facts as above). [1,2] The contention is made that, the entering of the judgment for $1,079.91 and interest terminated the controversy, and that no subsequent judgment could be rendered in the action. The position is not tenable. Section 55 of the Illinois Practice Act (Hurd’s Rev. St. 1919, *502c. 110) provides for entering judgment for such amount, if any, of a plaintiff’s claim as to. which no defense is shown by the affidavit of defense, leaving the suit thenceforth to proceed as to the part of the plaintiff’s demand in dispute. While at the precise instant of the entry of…
2Cases cited3 opinions
- Supreme Council of the Royal Arcanum v. GreenSupreme Court of the United States · 1915
- Kennedy v. Supreme Council Catholic Benevolent LegionAppellate Division of the Supreme Court of the State of New York · 1919
- Schwemmer v. Supreme Council Catholic Benevolent LegionAppellate Division of the Supreme Court of the State of New York · 1919
3Cited by2 opinions
- Parker v. ParkerCourt of Appeals for the Tenth Circuit · 1936
- Clark v. Security Benefit Assn.Supreme Court of Missouri · 1938