{
  "id": 2838237,
  "name": "Nicholas G. Heinz, Appellant, v. Peoria Life Insurance Company, Appellee",
  "name_abbreviation": "Heinz v. Peoria Life Insurance",
  "decision_date": "1913-10-17",
  "docket_number": "Gen. No. 5,785",
  "first_page": "35",
  "last_page": "36",
  "citations": [
    {
      "type": "official",
      "cite": "183 Ill. App. 35"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 182,
    "char_count": 2271,
    "ocr_confidence": 0.533,
    "sha256": "bae104bba360990939a71ad50968e6ed4ccd88590a77c72c88f1c151de949672",
    "simhash": "1:0f36f007a6392688",
    "word_count": 373
  },
  "last_updated": "2023-07-14T19:57:27.806602+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Nicholas G. Heinz, Appellant, v. Peoria Life Insurance Company, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Carnes\ndelivered the opinion of the court.\nAbstract of the Decision.\n1. Insurance, \u00a7 202 \u2014when statute prohibits misrepresentation of terms of policy. R S. oh. 73, \u00a7 208n, J. & A. If 6510, prohibiting agents and officers of life insurance companies from misrepresenting the terms of the policy, held not to include misrepresentations by oral statements.\n2. Insurance, \u00a7 195 \u2014when insured may rescind. To entitle insured to a rescission of the contract of insurance he must notify the company within a reasonable time of his election to disaffirm the contract, and when the facts are undisputed the question of reasonable time is one of law for the court.\n3. Insurance, \u00a7 195 \u2014when notice to rescind not given within a reasonable time. Insured failing to give notice of his intention to disaffirm the contract of insurance, on the ground that agent misrepresented the terms of the policy, until more than three months after reading the policy, held not to give notice within a reasonable time.\n4. Insurance, \u00a7 195*\u2014when misrepresentation of an agent no ground for rescission. A representation of an agent as to the value of the policy to be delivered is a mere expression of opinion or trade talk.\n5. Appeal and error, \u00a7 1453*\u2014when ruling requiring bill of particulars, harmless. Error of court in requiring appellant to file a hill of particulars cannot be complained of where he was not precluded from offering competent evidence by any restriction in such bill of particulars.",
        "type": "majority",
        "author": "Mr. Justice Carnes"
      }
    ],
    "attorneys": [
      "Mansfield, Cowan & Boulware, for appellant.",
      "Wolfenbarger & May, for appellee."
    ],
    "corrections": "",
    "head_matter": "Nicholas G. Heinz, Appellant, v. Peoria Life Insurance Company, Appellee.\nGen. No. 5,785.\n(Not to be reported in full.)\nAppeal from the Circuit Court of Peoria county; the Hon. Nicholas E. Worthington, Judge, presiding. Heard in this court at the April term, 1913.\nAffirmed.\nOpinion filed October 17, 1913.\nStatement of the Case.\nAction by Nicholas G. Heinz against Peoria Life Insurance Company to rescind contract of insurance and to recover premiums paid on the ground that the agent of defendant falsely represented to plaintiff the surrender value of the policy. From a judgment in favor of defendant, plaintiff appeals.\nMansfield, Cowan & Boulware, for appellant.\nWolfenbarger & May, for appellee.\nSee Illinois Notes Digest, Vols. XI to XIV, same topite and section number."
  },
  "file_name": "0035-01",
  "first_page_order": 57,
  "last_page_order": 58
}