Barrows v. Mutual Reserve Life Ins.
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. “Plaintiff in error (hereinafter styled “plaintiff”) brings suit in assumpsit to recover moneys paid under protest upon assessments alleged to have been illegally made and collected from plaintiff by defendant in error (hereinafter styied “defendant”) upon a certain certificate of membership in defendant company.
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In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. “Plaintiff in error (hereinafter styled “plaintiff”) brings suit in assumpsit to recover moneys paid under protest upon assessments alleged to have been illegally made and collected from plaintiff by defendant in error (hereinafter styied “defendant”) upon a certain certificate of membership in defendant company. The declaration contained one special count and the common counts. To the special count, defendant interposed a general demurrer; to tlie common counts, the general…
1Opinion of the Court
KOHLSAAT, Circuit Judge,
-after stating'the case as above, deliv-^ ered the opinion of the court.
*463It is urged by defendant that the plaintiff could have recovered, if at all, under the common counts, and that, having dismissed as. to them after the demurrer was sustained to the special plea and before judgment thereon, he cannot assign for error that the court entered judgment. This is not the law as laid down by the Supreme Court of Illinois. The contrary was held in Hamlin v. Reynolds, 22 Ill. 207; Albany City Ins. Co. v. Keating, 46 Ill. 394; Hippach v. Makeever, 166 Ill. 137, 46 N. E. 790.…
2Cases cited16 opinions
- Supreme Lodge, Knights of Pythias v. KnightIndiana Supreme Court · 1889
- Silliman v. United States. United States v. SillimanSupreme Court of the United States · 1880
- Sulz v. Mutual Reserve Fund Life Ass'nNew York Court of Appeals · 1895
- Condon v. Mutual Reserve Fund Life Ass'nCourt of Appeals of Maryland · 1899
- Walser v. Board of EducationIllinois Supreme Court · 1895
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3Cited by3 opinions
- Thomas v. Knights of Maccabees of the WorldWashington Supreme Court · 1915
- McKenzie-Hague Co. v. Carbide & Carbon Chemicals Corp.Court of Appeals for the Eighth Circuit · 1934
- Naderhoff v. Prudence Mutual Life InsuranceCalifornia Court of Appeal · 1938