Mutual Protective League v. Craig

Appellate Court of Illinois

Mutual Protective League v. Craig

109 Ill. App. 5, 1902 Ill. App. LEXIS 354

DecidedApril 30, 1903

StatusPublished

This text of 109 Ill. App. 5 (Mutual Protective League v. Craig) 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

Mutual Protective League v. Craig, 109 Ill. App. 5, 1902 Ill. App. LEXIS 354 (Ill. Ct. App. 1903).

Pincite

Opinion

Mr. Presiding Justice Wright

delivered the opinion of the court.

This was a suit by appellee against appellant upon a contract of insurance of the life of Luke Craig, the husband of appellee, she being the beneficiary therein named. The contract contained a clause against suicide, sane or insane, limiting appellant’s liability in case the assured should die by suicide, sane or insane, to the amount paid to it upon such contract, which was in this case $11.20, and which was tendered and the tender kept good. The defense was that the assured committed suicide, and the question of fact for the jury’s decision was whether the death of the assured was caused by suicide or accident. The verdict was for $1,600, and the judgment accordingly, from which this appeal was taken.

Upon an examination of the evidence we have no reasonable doubt the assured came to his death by suicide. From the evidence contained in the record there can be no other rational conclusion, and in this respect the verdict is against the evidence, and a new trial should have been ordered.

The judgment of the Circuit Court will be reversed and the cause remanded for a new trial.

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Mr. Presiding Justice Wright

delivered the opinion of the court.

This was a suit by appellee against appellant upon a contract of insurance of the life of Luke Craig, the husband of appellee, she being the beneficiary therein named. The contract contained a clause against suicide, sane or insane, limiting appellant’s liability in case the assured should die by suicide, sane or insane, to the amount paid to it upon such contract, which was in this case $11.20, and which was tendered and the tender kept good. The defense was that the assured committed suicide, and the question of fact for the jury’s decision was whether the death of the assured was caused by suicide or accident. The verdict was for $1,600, and the judgment accordingly, from which this appeal was taken.

Upon an examination of the evidence we have no reasonable doubt the assured came to his death by suicide. From the evidence contained in the record there can be no other rational conclusion, and in this respect the verdict is against the evidence, and a new trial should have been ordered.

The judgment of the Circuit Court will be reversed and the cause remanded for a new trial.

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Bluebook (online)

109 Ill. App. 5, 1902 Ill. App. LEXIS 354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mutual-protective-league-v-craig-illappct-1903.