{
  "id": 2914578,
  "name": "William H. Wohlberg, Appellee, v. Merchants Reserve Life Insurance Company, Appellant",
  "name_abbreviation": "Wohlberg v. Merchants Reserve Life Insurance",
  "decision_date": "1917-12-21",
  "docket_number": "Gen. No. 22,932",
  "first_page": "176",
  "last_page": "177",
  "citations": [
    {
      "type": "official",
      "cite": "209 Ill. App. 176"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 176,
    "char_count": 2320,
    "ocr_confidence": 0.539,
    "sha256": "d81c7e29496fb337f15b5fcbad6eae61c0cf9095705e9b30049855dfe560ce87",
    "simhash": "1:a371ea3f7899901c",
    "word_count": 371
  },
  "last_updated": "2023-07-14T15:09:41.322311+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "William H. Wohlberg, Appellee, v. Merchants Reserve Life Insurance Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Barnes\ndelivered the opinion of the court.\n2. Appeal and ebbob, \u00a7 367*\u2014When question not made an issue is not revievoable. The question of breach of warranty as to statements in an insured\u2019s application for insurance not made an issue by the pleadings, was not reviewable, even though instructions were given thereon at defendant\u2019s request and even though plaintiff urged that the alleged warranties must be taken as representations, in an action to recover on the policy.\n3. Evidence, \u00a7 165*\u2014What constitute self-serving statements by an insured. The admission to rebut defendant\u2019s evidence as to plaintiff\u2019s state of health at the time of delivery to him of an insurance policy sued on, of copies of his applications for insurance in other companies prior to his application for the policy sued on, and of the medical examiner\u2019s reports accompanying same, was prejudicial error, as such were self-serving statements and inadmissible, in an action to recover on the policy under an issue as to the applicant\u2019s prior state of health.",
        "type": "majority",
        "author": "Mr. Presiding Justice Barnes"
      }
    ],
    "attorneys": [
      "Ernest Saunders, for appellant.",
      "Channing L. Sentz, for appellee."
    ],
    "corrections": "",
    "head_matter": "William H. Wohlberg, Appellee, v. Merchants Reserve Life Insurance Company, Appellant.\nGen. No. 22,932. (Not to be reported in full.)\nAbstract of the Decision.\n1. Insurance, \u00a7 69 \u2014when immaterial whether plaintiff is creditor of insured. Whether plaintiff was a creditor of the insured, in life policies made payable to plaintiff as a creditor, was irrelevant in a suit on such policies, where the insured took out the policies and paid the premiums thereon, as under such circumstances he could make them payable to a stranger.\nAppeal from the Municipal Court of Chicago; the Hon. Edwabd T. Wade, Judge, presiding.\nHeard in the Branch Appellate Court at the October term, 1916.\nReversed and remanded.\nOpinion filed December 21, 1917.\nStatement of the Case.\nAction by William H. Wohlberg, plaintiff, against Merchants Reserve Life Insurance Company, a corporation, defendant, to recover on two insurance policies payable to plaintiff as a creditor. From a judgment for plaintiff, defendant appeals.\nErnest Saunders, for appellant.\nChanning L. Sentz, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.\nSee Illinois Notes Digest, Volf. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0176-01",
  "first_page_order": 204,
  "last_page_order": 205
}