{
  "id": 5007098,
  "name": "Deutscher Frauen Kranken Verein v. Henry C. Berger",
  "name_abbreviation": "Deutscher Frauen Kranken Verein v. Berger",
  "decision_date": "1889-12-24",
  "docket_number": "",
  "first_page": "112",
  "last_page": "114",
  "citations": [
    {
      "type": "official",
      "cite": "35 Ill. App. 112"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 219,
    "char_count": 2843,
    "ocr_confidence": 0.548,
    "pagerank": {
      "raw": 6.087085966315723e-08,
      "percentile": 0.375608577951842
    },
    "sha256": "0902c4ad0c1f7593935045778935543e247d1a901e1b6e149aa800da7d6d91bc",
    "simhash": "1:276a6a534a506755",
    "word_count": 496
  },
  "last_updated": "2023-07-14T15:52:12.584336+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Deutscher Frauen Kranken Verein v. Henry C. Berger."
    ],
    "opinions": [
      {
        "text": "Gary, P. J.\nThe appellants are a mutual benefit association, and the wife of the appellee was a member. In the constitution of the association are these provisions:\n\u201c Section 2 of article 2. Any German woman between the ages of eighteen and fifty years may become a member of this association.\n\u201c Section S of article 2. When a member proposes a candidate she will give to the secretary a statement of the name, age and residence of the candidate, etc.\n\u201c Section 7, article 7. On the death of a member the relatives of the deceased shall at once receive the sum of $100 for defraying the funeral expenses to be paid out of the treasury of the society.\u201d\nThe wife having died, and the association refusing to pay to the appellee the $100, he sued for it.\nThe defense was that the wife, when she joined the association in 1884, stated her age to be forty-eight, when in fact it was fifty-six. The exceptions upon which appellants rely are that the court sustained objections to the questions put by appellants to appellee when he was on the stand as a witness, as follows: \u201c Where was your wife born ? \u201d In what year was your wife born ? \u201d And that the court did not permit the appellants to put in evidence the certificate of the attending physician, made by him to the bureau of vital statistics of the city of Chicago. No general law by which such a certificate is required is referred to, and no ordinance of the city was nut in evidence.\nIf an ordinance had been put in, one question would have been whether it required the age of the deceased to be stated in the certificate. Where his wife was born was immaterial, and it does not appear that the appellee had any knowledge or information on that subject; and later in the case he did testify that he did not know what year she was born in, but supposed she was fifty-nine when she died, in 1887, and so told several persons.\nThe appellants had therefore the full benefit of all the information he could or would have given them in reply to the second interrogatory.\nThe judgment must be affirmed.\nJudgment affirmed.",
        "type": "majority",
        "author": "Gary, P. J."
      }
    ],
    "attorneys": [
      "Messrs. Bangs & Bangs, for appellant.",
      "Messrs. Goldzier & Rodgers, for appellee."
    ],
    "corrections": "",
    "head_matter": "Deutscher Frauen Kranken Verein v. Henry C. Berger.\nLife Insurance\u2014Mutual Benefit Association\u2014Constitution\u2014Provisions \u2014False Statement as to Age\u2014Evidence.\nIn an action by a husband, upon the death of his wife, to recover from a mutual benefit association, in which she was insured, a sum which, under its constitution, was then payable, the association contending that she falsely stated her age when she became a member, being in fact, upon that account uninsurable, this court declines, in view of the evidence, to interfere with the judgment for the plaintiff.\n[Opinion filed December 24, 1889.]\nAppeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding.\nMessrs. Bangs & Bangs, for appellant.\nMessrs. Goldzier & Rodgers, for appellee."
  },
  "file_name": "0112-01",
  "first_page_order": 108,
  "last_page_order": 110
}