Legal Opinion

Modern Woodmen of America v. Davis

Illinois Supreme Court

Decided February 19, 1900PublishedCited by 20 opinions

Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Champaign county; the Hon. Francis M. Wright, Judge, presiding.

1Opinion of the CourtJustice Boggs

The appellee brought assumpsit in the Champaign circuit court to recover as beneficiary under a benefit certificate of membership issued by the appellant order to Sylvester M. Davis, her husband, now deceased. She was awarded judgment in the sum of §2000, and on appeal the judgment was affirmed in the Appellate Court. This is the further appeal prosecuted by said order.

The benefit certificate contained a provision that the certificate should become void if the assured member should “become so far intemperate * * * as to permanently impair his health or to produce delirium tremens.” The…

2Cases cited1 opinion

  1. Bentz v. Northwestern Aid Ass'nSupreme Court of Minnesota · 1889

3Cited by20 opinions

  1. Thornell v. Missouri State Life Ins.Texas Commission of Appeals · 1923
  2. Scott v. Freeport Motor Casualty Co.Illinois Supreme Court · 1945
  3. Ferrero v. National Council of Knights & Ladies of SecurityIllinois Supreme Court · 1923
  4. Benes v. Bankers Life InsuranceIllinois Supreme Court · 1917
  5. Pagni v. New York Life Insurance Co.Washington Supreme Court · 1933

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