Mutual Accident Ass'n of Northwest v. Tuggle
Appellate Court of Illinois
Appeal from the Circuit Court of McDonough County; the Hon. C. J. Scofield, Judge, presiding.
1Opinion of the CourtWall, J.
This was an action of assumpsit upon a certificate of membership in the defendant company.
A demurrer to the declaration was overruled and the defendant not answering further, judgment was rendered for §5,000.
The first point made is, that by the terms of the certificate there was not an absolute promise to pay §5,000, or any definite amount, but to pay the sum of §2 for each member of division A of the association, which sum was not to exceed $5,000. The demurrer was general, no specific objection being pointed out. The declaration set out the certificate in Iubo verba and averred the death of…
2Cases cited2 opinions
- Healey v. Mutual Accident Ass'n of the NorthwestIllinois Supreme Court · 1890
- Tomlinson v. EarnshawIllinois Supreme Court · 1884
3Cited by12 opinions
- Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- McGlother v. Provident Mut. Acc. Co. of PhiladelphiaCourt of Appeals for the Eighth Circuit · 1898
- Spence v. Equitable Life Assurance SocietySupreme Court of Kansas · 1937
- Early v. Standard Life & Accident InsuranceMichigan Supreme Court · 1897
- Meyer v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1936
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