Legal Opinion

Miller v. Union Central Life Insurance

Illinois Supreme Court

Decided May 19, 1884PublishedCited by 10 opinions

Appeal from the Appellate Court for the First District;— heard in that court on writ of error to the Circuit Court of Cook county; the Hon. John G. Rogers, Judge, presiding. This was assumpsit, on a policy of insurance on the life of George W. Miller, for $1000,—annual premium $56.24, payable oh or before the 30th of November in each year, for ten years. The amount secured by the policy, in the event of the death of the assured, was payable to his wife, the appellant.

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Appeal from the Appellate Court for the First District;— heard in that court on writ of error to the Circuit Court of Cook county; the Hon. John G. Rogers, Judge, presiding. This was assumpsit, on a policy of insurance on the life of George W. Miller, for $1000,—annual premium $56.24, payable oh or before the 30th of November in each year, for ten years. The amount secured by the policy, in the event of the death of the assured, was payable to his wife, the appellant. The following clause was in the policy: “This policy-is issued’and accepted upon the express conditions and agreements…

1Opinion of the CourtJustice Scholfield

No question of law was raised upon the trial in the circuit court, and the judgment of the Appellate Court, affirming that of the circuit court, conclusively settles all questions of controverted fact against appellant. (Edgerton v. Weaver et al. 105 Ill. 43.) We are not, therefore, authorized to assume, here, either that there was a payment of the last installment of premium due at the date of the death of the assured, or a waiver of the forfeiture resulting from the failure to make that payment. We can not, as against the conclusions of fact settled by the judgment of affirmance of the…

2Cases cited1 opinion

  1. Edgerton v. WeaverIllinois Supreme Court · 1882

3Cited by10 opinions

  1. Continental Insurance v. CummingsTexas Supreme Court · 1904
  2. O'Connor v. Metropolitan Life InsuranceSupreme Court of Connecticut · 1936
  3. Ramirez v. Metropolitan Life Insurance Co.Wyoming Supreme Court · 1978
  4. Brown v. Knights of Protected ArkSupreme Court of Colorado · 1908
  5. American National Insurance Company v. CooperSupreme Court of Colorado · 1969

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