Haley v. Prudential Insurance of America
Illinois Supreme Court
Appeal from the Appellate Court for the Pirst District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Richard S. Tuthill, Judge, presiding. This is an action begun in the circuit court of Cook county by Michael T. Haley, administrator of George M. Haley, deceased, against the Prudential Insurance Company, to recover upon a policy of life insurance.
Read the full summary
Appeal from the Appellate Court for the Pirst District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Richard S. Tuthill, Judge, presiding. This is an action begun in the circuit court of Cook county by Michael T. Haley, administrator of George M. Haley, deceased, against the Prudential Insurance Company, to recover upon a policy of life insurance. The policy was issued November 17, 1894, on the life of the deceased, and contained, among others, a provision that “if within three years from the date hereof the insured shall die in consequence of his own criminal…
1Opinion of the CourtJustice Wilkin
The Appellate Court, in pursuance of the statute in such case, has found and recited in its final judgment as follows: “That George M. Haley died within three years from the date of the policy sued upon, and that his death resulted in consequence of his own criminal action.” This is a finding of the ultimate fact put in issue by the defendant’s second plea setting up the foregoing condition in the policy, and is conclusive upon this court. It is not a question of law,' as contended.by appellant’s counsel, but at most but a mixed question of law and fact, and therefore not subject to review by…
2Cases cited2 opinions
- Hunter v. ClarkeIllinois Supreme Court · 1900
- Case v. PhillipsIllinois Supreme Court · 1899