National Council of the Knights & Ladies of Security v. O'Brien
Appellate Court of Illinois
Action of assumpsit on benefit certificate. Appeal from the Circuit Court of Cook County; the Hon. Joseph P. Robarts, Judge, presiding. Heard in this court at the March term, 1903.
1Opinion of the CourtJustice Ball
It is admitted by appellee “ that the statements and representations contained in the application were warranties, and that if any of the statements or representations were found by the jury to be untrue, the plaintiff could not recover in this case.” This frank admission relieves us of the labor of citing authorities and stating the facts of this case to establish what is undoubtedly the law governing us herein.
There is a serious conflict in the evidence as to whether certain of the answers contained in the application -were true or false. Hence the trial court should ha re been very cáreful…
2Cited by4 opinions
- Bozicevich v. Kenilworth Mercantile Co.Utah Supreme Court · 1921
- Hamer v. Globe Mutual Life InsuranceAppellate Court of Illinois · 1926
- Bozicevich v. Kenilworth Mercantile Co.Utah Supreme Court · 1921
- Brotherhood of Painters, Decorators & Paperhangers of America v. BartonIndiana Court of Appeals · 1910