{
  "id": 2845196,
  "name": "George John Spoeri, Appellee, v. Modern Brotherhood of America, Appellant",
  "name_abbreviation": "Spoeri v. Modern Brotherhood of America",
  "decision_date": "1913-12-02",
  "docket_number": "Gen. No. 18,775",
  "first_page": "32",
  "last_page": "32",
  "citations": [
    {
      "type": "official",
      "cite": "184 Ill. App. 32"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 164,
    "char_count": 1803,
    "ocr_confidence": 0.535,
    "sha256": "72b4d00285c9895588f17a04f51899e8c235762da3651e6076be172b5938e9cd",
    "simhash": "1:4811c821d42b5c8f",
    "word_count": 287
  },
  "last_updated": "2023-07-14T18:47:41.859813+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "George John Spoeri, Appellee, v. Modern Brotherhood of America, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Clark\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Clark"
      }
    ],
    "attorneys": [
      "Church, Shepard & Day, for appellant; William T. Church, of counsel.",
      "Morton L. Roberts and Samuel B. King, for appellee."
    ],
    "corrections": "",
    "head_matter": "George John Spoeri, Appellee, v. Modern Brotherhood of America, Appellant.\nGen. No. 18,775.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Insurance, \u00a7 752 \u2014when statements in application for reinstatement are representations and not warranties. A member's statements as to his health in an application for reinstatement, which states \u201cI * * * do declare and warrant on my honor, that I am of sound condition, good health and temperate habits, etc.,\u201d and which further states \u201cIt is further expressly agreed and understood that my said reinstatement shall be null and void if the above warranties and representations or any of them shall be untrue,\u201d held to he representations and not warranties, and an instruction to the jury to that effect held justified.\n2. Insurance, \u00a7 877 \u2014proof necessary to avail of false representations in application. To avail of false representations in an application for reinstatement, a benefit association has the burden of proving that the insured knew the statements to he false.\nAppeal from the Superior Court of Cook county; the Hon. Joseph H. Pitch, Judge, presiding.\nHeard in the Branch Appellate Court at the October term, 1912.\nAffirmed.\nOpinion filed December 2, 1913.\nRehearing denied December 16, 1913.\nStatement of the Case.\nAction by George John Spoeri against Modern Brotherhood of America, a corporation, to recover upon a benefit certificate issued by defendant to George H. Spoeri, in favor of plaintiff as beneficiary. From a judgment in favor of plaintiff for $1,081.39, defendant appeals.\nChurch, Shepard & Day, for appellant; William T. Church, of counsel.\nMorton L. Roberts and Samuel B. King, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, same topic and section number."
  },
  "file_name": "0032-01",
  "first_page_order": 56,
  "last_page_order": 56
}