Central Accident Insurance v. Spence
Appellate Court of Illinois
Action of assumpsit. Appeal from the Superior Court of Cook County; the Hon. Jesse Holdom, Judge, presiding. Heard in this court at the March term, 1905. Statement by the Court.
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Action of assumpsit. Appeal from the Superior Court of Cook County; the Hon. Jesse Holdom, Judge, presiding. Heard in this court at the March term, 1905. Statement by the Court. In this case Mary O. Spence, the appellee, as the beneficiary under the policy of insurance hereinafter described, brought suit against the Central Accident Insurance Company, the appellant, in the Superior Court of Cook county, and recovered a judgment of $6,677.03 and costs, to reverse which the appellant has brought this appeal. The assignments of error cover alleged erroneous rulings sustaining demurrers to…
1Opinion of the Court
Hr. Jtjstioe Brown
delivered the opinion of the court.
It is by no means clear to us that the contention of the appellant. in this case concerning the lack of any preponderance of evidence in favor of the plaintiff, is not will made. The burden was certainly on her to establish the death of Robert Spence by accident. The disposition by us of the other matters involved in the appeal will probably compel the submission of the case to another jury, and we therefore forbear to discuss the evidence. We do not place our decision upon any view taken by us of the evidence, but upon what we deem…
2Cases cited22 opinions
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Continental Life Insurance v. RogersIllinois Supreme Court · 1887
- Jeffries v. Life InsuranceSupreme Court of the United States · 1875
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
- Aetna Life Ins. Co. v. FranceSupreme Court of the United States · 1876
17 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hermann v. Court of HonorAppellate Court of Illinois · 1915