Legal Opinion

Delaney v. Delaney

Illinois Supreme Court

Decided October 24, 1898PublishedCited by 51 opinions

Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Murray F. Tuley, Judge, presiding. This is a bill of interpleader, brought by the High Court Independent Order of Foresters, against Mary Delaney and Daniel Delaney.

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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Murray F. Tuley, Judge, presiding. This is a bill of interpleader, brought by the High Court Independent Order of Foresters, against Mary Delaney and Daniel Delaney. The bill was filed for the purpose, of compelling the appellant, Mary Delaney, and the appellee, Daniel Delaney, to interplead, and settle their respective claims to $1000.00, admitted by the order to be due from it upon an endowment certificate, payable upon the death of Martin Delaney, a member…

1Opinion of the CourtJustice Magruder

The first endowment certificate No. 1087, which was issued to the deceased, Martin Delaney, by the High Court Independent Order of Foresters, was made payable to the appellant, Mary Delaney. She obtained and retained the possession of said certificate, and produced it after the death of Martin Delaney. Her contention is, that there was no surrender of the original endowment certificate No. 1087 issued to her, and. that the circuit court erred in so holding. The main question in the case, therefore, is whether the order had the right to issue a new certificate in the place of the one issued to…

2Cases cited13 opinions

  1. Martin v. StubbingsIllinois Supreme Court · 1888
  2. Splawn v. ChewTexas Supreme Court · 1883
  3. Bloomington Mutual Benefit Ass'n v. BlueIllinois Supreme Court · 1887
  4. Masonic Benevolent Ass'n v. BunchSupreme Court of Missouri · 1891
  5. Grand Lodge of Ancient Order of United Workmen v. ChildMichigan Supreme Court · 1888

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3Cited by51 opinions

  1. Freund v. FreundIllinois Supreme Court · 1905
  2. Supreme Council of Royal Arcanum v. BehrendSupreme Court of the United States · 1918
  3. Gurnett v. Mutual Life InsuranceIllinois Supreme Court · 1934
  4. Quist v. Western & Southern Life InsuranceMichigan Supreme Court · 1922
  5. Modern Woodmen of America v. HeadleSupreme Court of Vermont · 1914

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