#### John Sullivan and Margaret Sullivan, Appellees, v. Catholic Order of Foresters, Appellant.

Gen. No. 21,360.

(Not to be reported in full.)

Abstract of the Decision.

1. Insurance—when evidence sufficient to show erroneous recording of true answer by examining physician. In an action on a benefit certificate issued by a fraternal insurance society, where the defense was that a warranted answer to a question in the application, as to whether the insured had within a certain time sought medical advice, was false, and it was contended by the plaintiffs that the applicant had given a true answer but that the defendant’s examining physician had erroneously recorded it, held that the court' could not say that a judgment for the plaintiffs was manifestly against the weight of the evidence.

Appeal from the Superior Court of Cook county; the Hon. Clinton F. Ibwin, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1915.

Affirmed.

Opinion filed October 18, 1916.

Rehearing denied October 30, 1916.

Statement of the Case.

Action by John Sullivan and Margaret Sulliyan, plaintiffs, against the Catholic Order of Foresters, defendant, on a benefit certificate issued by the defendant insuring the life of the plaintiffs’ son. From a judgment for plaintiffs, defendant appeals.

Edmund S. Cummings, for appellant.

Quin O’Brien, for appellees; Munson T. Case, of counsel.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Presiding Justice O’Connor

delivered the opinion of the court.

*5152. Insurance, § 761 * —when error of examining physician in recording true answer will not defeat recovery. In an action on a benefit certificate issued by a fraternal insurance society where the defense was that a warranted answer to a question in the application, as to whether the insured had within a certain time sought medical advice, was false, held that if the question had been truthfully answered but the defendant’s examining physician had made a mistake in writing it down, a recovery on the certificate would not thereby be defeated.