#### Bridget Corrigan, Defendant in Error, v. North American Union, Plaintiff in Error.

Gen. No. 21,490.

(Not to he reported in full.)

Error to the Municipal Court of Chicago; the Hon. J. J. Sullivan, Judge, presiding. Heard in the Branch Appellate Court at the October term,- 1915.

Affirmed.

Opinion filed January 17, 1917.

Statement of the Case.

Action by Bridget Corrigan, plaintiff, against North American Union, defendant, to recover on a benefit policy issued to one George Whelan. From a judgment in favor of plaintiff, defendant brings error.

C. V. Donovan, for plaintiff in error.

*251Abstract of the Decision.

1. Insurance, § 789 * —when evidence is insufficient to show that insured was engaged in prohibited occupation of bartender. In an action on a mutual benefit insurance policy, evidence held insufficient to show that insured, who had been in the habit of frequenting his brother’s saloon, had been engaged in the prohibited occupation of bartender.

2. Insurance, g 789 * —when person occasionally selling liquor is not engaged in prohibited occupation of bartender. Casual sales of liquor made from time to time in a brother’s saloon by one not employed for the purpose and receiving no compensation therefor do not, as a matter of law, constitute him a ^person engaged in the occupation of bartender in violation of a provision of a mutual benefit insurance policy.

Timothy J. Fell, for defendant in error; Hermann P. Haase, of counsel.

*

See Illinois Notes Digest, Yola, XI to XV, and; Cumulative Quarterly, sanie topic an# section number.

Mr. Justice Goodwin

delivered the opinion of the court.