Legal Opinion

Martin v. Stubbings

Appellate Court of Illinois

Decided August 1, 1888PublishedCited by 1 opinion

Ebbob to the Superior Court of Cook County; the Hon. Gwxnn Gabnett, Judge, presiding. This is error to the Superior Court upon a decree in favor of Stubbings, the defendant in error, and against the plaintiff in error, Cornelia Martin, in proceedings by bill of inter-pleader. brought by the Knights Templar and Mason’s Life Indemnity Company against said parties, for the purpose of having them interpleaded, so that the court might determine which of them was entitled to the…

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Ebbob to the Superior Court of Cook County; the Hon. Gwxnn Gabnett, Judge, presiding. This is error to the Superior Court upon a decree in favor of Stubbings, the defendant in error, and against the plaintiff in error, Cornelia Martin, in proceedings by bill of inter-pleader. brought by the Knights Templar and Mason’s Life Indemnity Company against said parties, for the purpose of having them interpleaded, so that the court might determine which of them was entitled to the money due, and to what extent, upon a policy of life insurance issued in June, 1883, by said company upon the life of…

1Opinion of the CourtMoAlltsteb, J.

The position is broadly taken by counsel for plaintiff in error, that there was no legally sufficient consideration to support either the promissory note or assignment, as security therefor, of the policy of life insurance and benefit certificate in question, either as respected Neal K. Martin in his lifetime or as respects the plaintiff in error, his widow, and that, at all events, the court erred in admitting parol evidence tending to 'prove such consideration. If the instrument creating said note and assignment had recited a particular consideration, and that had been insufficient, then it…

2Cases cited17 opinions

  1. Bloomington Mutual Benefit Ass'n v. BlueIllinois Supreme Court · 1887
  2. Schemerhorn v. VanderheydenNew York Supreme Court · 1806
  3. Johnson v. Van EppsIllinois Supreme Court · 1884
  4. Highland v. HighlandIllinois Supreme Court · 1884
  5. Van Ness v. ForrestSupreme Court of the United States · 1814

12 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Martin v. StubbingsIllinois Supreme Court · 1888

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