{
  "id": 5383148,
  "name": "Paulina Sharmach Wojciehowski, Appellee, v. National Council of the Knights and Ladies of Security, Appellant",
  "name_abbreviation": "Wojciehowski v. National Council of the Knights & Ladies of Security",
  "decision_date": "1915-01-26",
  "docket_number": "Gen. No. 20,342",
  "first_page": "254",
  "last_page": "256",
  "citations": [
    {
      "type": "official",
      "cite": "191 Ill. App. 254"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 215,
    "char_count": 3306,
    "ocr_confidence": 0.553,
    "sha256": "2f129bb41a171946c4d9b97b4797ceaee7ed891e83a5aa3afdb2d610c4424ad9",
    "simhash": "1:b02fddf71185d5c6",
    "word_count": 532
  },
  "last_updated": "2023-07-14T16:18:11.463405+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Paulina Sharmach Wojciehowski, Appellee, v. National Council of the Knights and ladies of Security, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Smith\ndelivered the opinion of the court.\n5. Insurance, \u00a7 908*\u2014when instruction not based on evidence. In a suit on a fraternal benefit certificate, where there was no evidence that the applicant was not asked whether he had had delirium tremens, a suggestion to such effect to the jury was improper.-\n6. Insurance, \u00a7 908*\u2014when instruction erroneous. In a suit on a fraternal benefit certificate, an instruction as tp waiver of the defense whether the insured was addicted to the excessive use of intoxicants was erroneous when not based on the evidence. .",
        "type": "majority",
        "author": "Mr. Justice Smith"
      }
    ],
    "attorneys": [
      "A. W. Fulton, for appellant.",
      "No appearance for appellee."
    ],
    "corrections": "",
    "head_matter": "Paulina Sharmach Wojciehowski, Appellee, v. National Council of the Knights and ladies of Security, Appellant.\nGen. No. 20,342.\n(Not to be reported in full.)\nAppeal from the Municipal Court of Chicago; the Hon. John J. Sullivan, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1914.\nReversed and remanded.\nOpinion filed January 26, 1915.\nStatement of the\nSuit by Paulina Sharmach Wojciehowski against the National Council of the Knights and Ladies of Security on a fraternal beneficiary certificate issued by defendant society to one Francis Sharmach payable to his wife, the plaintiff, in the sum of $2,000 in the event of the insured\u2019s death. The defendant contended that the applicant made false statements in the application for insurance both as to a disease of the liver and the excessive use of liquors, and it appeared that Sharmach\u2019s death was caused by chronic organic heart disease, cirrhosis of the liver being a contributing cause, and such disease of the liver was frequently caused by excessive use of intoxicating liquors. It also appeared that deceased suffered from delirium tremens. At the trial the jury returned a verdict for the plaintiff for $1,361.29.\nAbstract of the Decision.\n1. Insurance, \u00a7 889 \u2014what evidence admissible in suit on benefit policy. In a suit on a fraternal benefit certificate, evidence of conversations between the beneficiary, the plaintiff and another woman were erroneously admitted, where it did not appear that such woman was the agent of the society or clothed with authority to bind it.\n2. Insurance, \u00a7 896*\u2014what evidence as to medical examination improper. In a suit on a fraternal benefit certificate, evidence of what was said between the applicant and a medical examiner was erroneously admitted, the examination being signed and being a warranty, upon which with the application, the insurance was issued.\n3. Insurance, \u00a7 908*\u2014what instructions erroneous. In a suit on a fraternal benefit certificate, an instruction submitting the question that the society had misled the insured, or waived strict compliance with the contract, and had induced the applicant to make false statements, was erroneous, when there was no proper evidence warranting such question.\n4. Insurance, \u00a7 908*\u2014when instruction as to warranty erroneous. In a suit on a fraternal benefit certificate, an instruction that the statements in the application for insurance were warranties and that the plaintiff could not recover if they were untrue, unless the defenses were waived, was erroneous when not warranted by the evidence.\nA. W. Fulton, for appellant.\nNo appearance for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0254-01",
  "first_page_order": 298,
  "last_page_order": 300
}