{
  "id": 2853090,
  "name": "Leila Burdell Eaton by Louis J. Pierson, Appellant, v. Western Life Indemnity Company, Appellee",
  "name_abbreviation": "Eaton v. Western Life Indemnity Co.",
  "decision_date": "1914-03-05",
  "docket_number": "Gen. No. 18,845",
  "first_page": "217",
  "last_page": "218",
  "citations": [
    {
      "type": "official",
      "cite": "185 Ill. App. 217"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 256,
    "char_count": 3238,
    "ocr_confidence": 0.521,
    "sha256": "0c3a8c96d338c394d929a1ac8a5520810eb5076ae22eb8f81f659e33589d0494",
    "simhash": "1:6077f1a1d761823c",
    "word_count": 539
  },
  "last_updated": "2023-07-14T19:43:38.716309+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Leila Burdell Eaton by Louis J. Pierson, Appellant, v. Western Life Indemnity Company, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Fitch\ndelivered the opinion of the court.\n2. Insurance, \u00a7 853 \u2014when 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.\n3. Stipulations, \u00a7 22 \u2014when plaintiff estopp\u00e9d to d\u00e9ny 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: \u201cLet 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.\u201d\n4. Trial, \u00a7 191 \u2014when 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.",
        "type": "majority",
        "author": "Mr. Presiding Justice Fitch"
      }
    ],
    "attorneys": [
      "Clark Varnum and S. B. Clute, for appellant.",
      "Thomas J. Graydon and Ashcraft & Ashcraft, for appellee; Edwin M. Ashcraft, of counsel."
    ],
    "corrections": "",
    "head_matter": "Leila Burdell Eaton by Louis J. Pierson, Appellant, v. Western Life Indemnity Company, Appellee.\nGen. No. 18,845.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Insurance, \u00a7 906\u2014when evidence insufficient to prove assessment invalid. In an action to recover upon a membership certificate where a defense is interposed that the membership was forfeited for failure to pay assessments levied to pay death claims, a contention of plaintiff that the assessments were invalid because unnecessary for the reason that the company had a surplus fund of $300,-000 in excess of pending claim, held not established by the evidence, it appearing that the company was authorized by the law under which it was organized and its constitution and by-laws to provide a death fund and a contingent fund, and there being no evidence to contradict defendant\u2019s evidence that there was no money in the death fund at the time the assessments were levied.\nAppeal from the Superior Court of Cook county; the Hon. William E. Disver, Judge, presiding.\nHeard in the Branch Appellate Court at the October term, 1912.\nAffirmed.\nOpinion filed March 5, 1914.\nStatement of tlie Case.\nAction by Leila Burdell Eaton, by her next friend, Louis J. Pierson, against \"Western Life Indemnity Company to recover an amount claimed to be due upon a membership certificate, in the nature of an insurance policy, issued by the defendant, a corporation organized under the Act of June 18,1883, J. & A. ft 6577, for the purpose of furnishing life indemnity upon the assessment plan to widows or heirs of deceased members. From a judgment entered for defendant upon a directed verdict, plaintiff appeals.\nClark Varnum and S. B. Clute, for appellant.\nThomas J. Graydon and Ashcraft & Ashcraft, for appellee; Edwin M. Ashcraft, of counsel.\nSee Illinois Notes Digest, Yols. XI to XV, same topic and section number.\nSee Illinois Notes Digest, Vols. XI to XV, same topic and section number."
  },
  "file_name": "0217-01",
  "first_page_order": 243,
  "last_page_order": 244
}