Legal Opinion

Enright v. National Council Knights & Ladies of Security

Appellate Court of Illinois

Decided April 18, 1911No. Gen. No. 15,508Published

Assumpsit. Appeal from the Municipal Court of Chicago; the Hon. W. N. Gemmill, Judge, presiding.

1Opinion of the CourtJustice Clark

We are asked to reverse this case because, as it is claimed by the appellant, untruthful answers were made in the application. No answer appeared to the question, “Brother dead?”, but it is urged by the appellant that we should treat this fact as though the answer were “No.” We cannot agree with this contention. We think there is no more reason for inserting this word than the word “Yes.” Globe Mutual Life Insurance Co. v. Meyer, 118 Ill. App. 155.

It is claimed by the appellant that answers to all of the questions in the application constituted a warranty on the part of the assured. The…

2Cases cited3 opinions

  1. People v. McCannIllinois Supreme Court · 1910
  2. Minnesota Mutual Life Insurance v. LinkIllinois Supreme Court · 1907
  3. Globe Mutual Life Insurance v. MeyerAppellate Court of Illinois · 1905

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