{
  "id": 2827583,
  "name": "Mary Elizabeth McCann et al., on appeal of Mary Elizabeth McCann, Appellants, v. The Ladies of the Maccabees of the World, Appellee",
  "name_abbreviation": "McCann v. Ladies of the Maccabees of the World",
  "decision_date": "1913-10-14",
  "docket_number": "Gen. No. 17,951",
  "first_page": "319",
  "last_page": "321",
  "citations": [
    {
      "type": "official",
      "cite": "182 Ill. App. 319"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 198,
    "char_count": 2524,
    "ocr_confidence": 0.514,
    "sha256": "dfdd516a7fb731ade946244b5d9f47f2832f5e25c8bf3f5e8e70ec14a359cf95",
    "simhash": "1:0062e6204826bff8",
    "word_count": 426
  },
  "last_updated": "2023-07-14T17:04:20.195306+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Mary Elizabeth McCann et al., on appeal of Mary Elizabeth McCann, Appellants, v. The Ladies of the Maccabees of the World, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice F. A. Smith\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice F. A. Smith"
      }
    ],
    "attorneys": [
      "William E. Keeley, for appellants.",
      "Bastrup & O\u2019Neill, for appellee."
    ],
    "corrections": "",
    "head_matter": "Mary Elizabeth McCann et al., on appeal of Mary Elizabeth McCann, Appellants, v. The Ladies of the Maccabees of the World, Appellee.\nGen. No. 17,951.\n(Not to be reported in full.)\nAppeal from the Circuit Court of Cook county; the Hon. Mazzini Slusseb, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1911.\nAffirmed.\nOpinion filed October 14, 1913.\nAbstract of the Decision.\n1. I ns usance, \u00a7 749 \u2014validity of contract. A contract of insurance outside the object of the creation of the society and beyond the powers conferred upon it by the State of its organization is wholly void.\n2. Insurance, \u00a7 749*\u2014when contract ultra vires. Contract insuring an applicant whose age is in excess of the age limit fixed by statute of the State in which the benefit society was organized is ultra vires.\n3. Insurance, | 759*\u2014when parties not estopped to deny invalidity of contract. When a contract of insurance is beyond the power conferred upon the society by existing laws, neither the society nor the other. party to the contract can, by acting on it or assenting to it, he estopped to show that it was prohibited by law.\n4. Insurance, \u00a7 752*\u2014when false statement in application avoids certificate. Where by the terms of the certificate a statement in the application concerning age of applicant is a warranty, a substantial breach of such warranty will defeat the certificate unless waived by the society.\n5. Insurance, \u00a7 887*\u2014when statements in application not admissible. The mere statement in the application of the age of applicant is 'not evidence of such fact.\n6. Insurance, \u00a7 897*\u2014when evidence warrants directed verdict. Where the uncontradicted evidence clearly shows that the member falsely stated her age in the application and that the age of such member was beyond the age limit fixed by statute, the court is justified in talcing the case from the jury and directing a verdict for the plaintiff to the extent of the amount tendered by the defendant.\nStatement of the Case.\nAction by Mary Elizabeth McCann and others against The Ladies of the Maccabees of the World to recover as beneficiaries under a benefit certificate issued by defendant. From a judgment in favor of plaintiffs to the extent of the amount tendered by the defendant, $163.25- and $14 costs, plaintiff appeals.\nWilliam E. Keeley, for appellants.\nBastrup & O\u2019Neill, for appellee.\nSee Illinois Notes Digest, Vols. XI to XIV, same topic and section number."
  },
  "file_name": "0319-01",
  "first_page_order": 343,
  "last_page_order": 345
}