Eaton v. Western Life Indemnity Co.

Appellate Court of Illinois

Eaton v. Western Life Indemnity Co.

185 Ill. App. 217, 1914 Ill. App. LEXIS 1023

CourtAppellate Court of Illinois

DecidedMarch 5, 1914

DocketGen. No. 18,845

StatusPublished

This text of 185 Ill. App. 217 (Eaton v. Western Life Indemnity Co.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Eaton v. Western Life Indemnity Co., 185 Ill. App. 217, 1914 Ill. App. LEXIS 1023 (Ill. Ct. App. 1914).

Pincite

Opinion

Mr. Presiding Justice Fitch

delivered the opinion of the court.

2. Insurance, § 853*—when company not estopped from interposing defense. An insurance company does not waive nor is it estopped from interposing a defense other than a forfeiture for nonpayment of assessment, because it based its refusal to pay solely upon that ground with full information as to other facts constituting a forfeiture, where it does not appear that the plaintiff was misled or influenced to her injury by failure to assign other reasons. 3. Stipulations, § 22*—when plaintiff estoppéd to dény stipulation as to pleadings. Plaintiff, on appeal, cannot urge that a defense was not specially pleaded where the record shows that during the trial he did not object to a statement made by the court: “Let the record show that it is agreed by counsel for both parties that there may be introduced in evidence in this case any evidence in support of any plea which might properly be pleaded to the declaration.” 4. Trial, § 191*—when direction of verdict for defendant proper. Where evidence of an affirmative defense is offered, it is proper to direct a verdict for defendant even though all the averments of the declaration are proved, if the evidence of the affirmative defense is not contradicted or explained.

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Mr. Presiding Justice Fitch

delivered the opinion of the court.

2. Insurance, § 853*—when company not estopped from interposing defense. An insurance company does not waive nor is it estopped from interposing a defense other than a forfeiture for nonpayment of assessment, because it based its refusal to pay solely upon that ground with full information as to other facts constituting a forfeiture, where it does not appear that the plaintiff was misled or influenced to her injury by failure to assign other reasons. 3. Stipulations, § 22*—when plaintiff estoppéd to dény stipulation as to pleadings. Plaintiff, on appeal, cannot urge that a defense was not specially pleaded where the record shows that during the trial he did not object to a statement made by the court: “Let the record show that it is agreed by counsel for both parties that there may be introduced in evidence in this case any evidence in support of any plea which might properly be pleaded to the declaration.” 4. Trial, § 191*—when direction of verdict for defendant proper. Where evidence of an affirmative defense is offered, it is proper to direct a verdict for defendant even though all the averments of the declaration are proved, if the evidence of the affirmative defense is not contradicted or explained.

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Bluebook (online)

185 Ill. App. 217, 1914 Ill. App. LEXIS 1023, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eaton-v-western-life-indemnity-co-illappct-1914.