Bloomington Mutual Life Benefit Ass'n v. Cummins
Appellate Court of Illinois
Memorandum.—Action on an insurance policy. Error to the Circuit Court of Saline County; the Hon. Alonzo K. Vickers, Judge, presiding. Heard in this court at the February term, 1894. Statement of the Case.
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Memorandum.—Action on an insurance policy. Error to the Circuit Court of Saline County; the Hon. Alonzo K. Vickers, Judge, presiding. Heard in this court at the February term, 1894. Statement of the Case. On December 26, 1888, James E. Stone applied to plaintiff in error for insurance, and signed an application stating his father and mother had died of fever; a brother had died of inflammation of the bowels, two sisters of the same disease, one sister of slow fever, and one brother was living whose health was good. His brother and sister had died between the ages of nineteen and twenty-five.…
1Opinion of the Court
Mr. Presiding Justice Sample
delivered the opinion of the Court.
This suit, as shown by the foregoing statement of facts, was brought to recover assessable value of a certificate of membership in a Mutual Life Benefit Association. The defense interposed was, that the statements of the insured in the application in reference to matters of fact material to the risk were untrue, false and fraudulent; and that such statements were, under the terms of the contract of insurance, warranties.
The court instructed the jury for the plaintiff, that such statements were in law representations and not…
2Cases cited14 opinions
- Moulor v. American Life InsuranceSupreme Court of the United States · 1884
- Phoenix Life Ins. Co. v. RaddinSupreme Court of the United States · 1887
- Continental Life Insurance v. RogersIllinois Supreme Court · 1887
- Miller v. Mutual Benefit Life InsuranceSupreme Court of Iowa · 1871
- Glendale Woolen Co. v. Protection Insurance Co.Supreme Court of Connecticut · 1851
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Joseph v. New York Life InsuranceAppellate Court of Illinois · 1920
- Connecticut Mutual Life Insurance v. YoungAppellate Court of Illinois · 1898
- United States Fidelity & Guaranty Co. v. First National Bank of DundeeAppellate Court of Illinois · 1907
- People v. Mutual Life InsuranceAppellate Court of Illinois · 1897
- Cessna v. United States Life Endowment Co.Appellate Court of Illinois · 1910
3 more not listed; retrieve them via the Exa API.