Ring v. United States Life & Accident Ass'n
Appellate Court of Illinois
In error to the Circuit Court of Cook County; the Hon. Julius S. Grinnell, Judge, presiding. This action was brought to recover on an insurance certificate. The declaration counts on a policy of insurance which is set forth in haee verba.
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In error to the Circuit Court of Cook County; the Hon. Julius S. Grinnell, Judge, presiding. This action was brought to recover on an insurance certificate. The declaration counts on a policy of insurance which is set forth in haee verba. The portions of the certificate and declaration material in this case are as follows: “The United States Life and Accident Association of Chicago, Illinois, by this certificate of membership, witnesseth, that in consideration of the statements, representations and agreements made to it in the application for this certificate, and a membership fee in hand…
1Opinion of the CourtMorar, J.
It is contended in support of the judgment of the Circuit Court, first, that no action at law can be maintained on the contract set out in the declaration; that the remedy is to be had in equity only. Counsel for defendant in error cite a number of cases in support of this contention, among others, Covenant Mut. Ben. Ass’n v. Scars, 114 Ill. 108. In that case the undertaking of the association as stated in the certificate was, that on the proof of the death of the member, he having complied with the conditions of the certificate, an assessment should be levied upon the surviving members to…
2Cases cited10 opinions
- Bailey v. Mutual Benefit Ass'nSupreme Court of Iowa · 1886
- Excelsior Mutual Aid Ass'n v. RiddleIndiana Supreme Court · 1883
- Kansas Protective Union v. WhittSupreme Court of Kansas · 1887
- Newman v. Covenant Mut. Ben. Asso.Supreme Court of Iowa · 1887
- Covenant Mutual Benefit Ass'n v. SearsIllinois Supreme Court · 1885
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3Cited by5 opinions
- Metropolitan Safety Fund Accident Ass'n v. WindoverIllinois Supreme Court · 1891
- Sovereign Camp of the Woodmen of the World v. HodgesSupreme Court of Florida · 1916
- Schiff v. Supreme Lodge Order of Mutual ProtectionAppellate Court of Illinois · 1896
- Covenant Mutual Life Ass'n v. KentnerAppellate Court of Illinois · 1900
- Metropolitan Safety Fund Accident Ass'n v. WindoverAppellate Court of Illinois · 1890