Weston v. State Mutual Life Assurance Co.
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. A. H. Frost, Judge, presiding. This is an action in assumpsit in the superior court of Cook county on two policies of insurance, of $3500 each, written by the appellee company on the life of Edward S. Curtis for the benefit of appellant, then his wife, but who has since re-married.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. A. H. Frost, Judge, presiding. This is an action in assumpsit in the superior court of Cook county on two policies of insurance, of $3500 each, written by the appellee company on the life of Edward S. Curtis for the benefit of appellant, then his wife, but who has since re-married. Curtis was an old. friend of O. K. Clardy, general agent for .the appellee company at St. Louis, Missouri. It was agreed that Clardy should give Curtis credit for part of his…
1Opinion of the CourtJustice Carter
Appellant contends that the defense of forfeiture of an insurance policy must be specially pleaded. Without passing on that question, it is sufficient to say that all the evidence heard on the case was offered by the appellant, and therefore she is in no position to urge that the defense of forfeiture cannot be proven under the general issue. Moreover, no question of this kind was made at the time of the trial, and even though the evidence in question had been introduced by appellee, an objection to the admission of thé evidence on the ground of variance would be regarded as waived unless…
2Cases cited5 opinions
- Phenix Insurance v. StocksIllinois Supreme Court · 1893
- United States Life Insurance v. RossIllinois Supreme Court · 1896
- Traders' Mutual Life Insurance v. JohnsonIllinois Supreme Court · 1902
- Roberts v. Ætna Life InsuranceIllinois Supreme Court · 1904
- Winchester v. RoundsIllinois Supreme Court · 1870
3Cited by16 opinions
- Haas v. Mutual Life InsuranceNebraska Supreme Court · 1909
- Adam v. Columbian National Life InsuranceAppellate Court of Illinois · 1920
- Buysse v. Connecticut Fire InsuranceAppellate Court of Illinois · 1926
- Ingersoll v. Mutual Life Insurance Co. of New YorkAppellate Court of Illinois · 1910
- Finer Amusements, Inc. v. Citizens Insurance Company of New Jersey, and Underwriters at Lloyd's, LondonCourt of Appeals for the Seventh Circuit · 1964
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