Bishop v. International Harvester Co. of New Jersey

Appellate Court of Illinois

Bishop v. International Harvester Co. of New Jersey

211 Ill. App. 298, 1918 Ill. App. LEXIS 426

Appellate Court of Illinois·Decided May 14, 1918·No. Gen. No. 23,489·Published

Opinion

Mr. Justice Matchett

delivered the opinion of the court.

Abstract of the Decision. Instjbance, § 860* — who has right of action on death benefit certificate. Under a certificate in a benefit association providing that benefits should be payable to “my father and mother jointly, or the survivor; or, if neither be living, then to my next of kin, payment in behalf of such next of kin to be made to my legal representative,” in the absence of proof that the father and mother are dead the right of action lies in them, or in the survivor of them, and not in the administrator of the insured.

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Mr. Justice Matchett

delivered the opinion of the court.

Abstract of the Decision. Instjbance, § 860* — who has right of action on death benefit certificate. Under a certificate in a benefit association providing that benefits should be payable to “my father and mother jointly, or the survivor; or, if neither be living, then to my next of kin, payment in behalf of such next of kin to be made to my legal representative,” in the absence of proof that the father and mother are dead the right of action lies in them, or in the survivor of them, and not in the administrator of the insured.

Bishop v. International Harvester Co. of New Jersey, 211 Ill. App. 298, 1918 Ill. App. LEXIS 426 (Ill. Ct. App. 1918).

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211 Ill. App. 298 (Bishop v. International Harvester Co. of New Jersey) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.