Grand Lodge Ancient Order of United Workmen v. Belcham

Citations

• 145 Ill. 308
• 33 N.E. 886
• 1893 Ill. LEXIS 1079

Syllabus

<p>1. Life Insurance—use of alcoholic stimulants—question and answer construed. An application for a certificate of life insurance made by a member of a benefit society, stated that the answers made by the insured to the questions of the medical examiner of the lodge attached to the application were true. To the question, “to what extent does the person use alcoholic stimulants?” the answer was, “none:” Held, that a reasonable construction of the question and answer implied more than an occasional use of alcoholic stimulants, and that to invalidate the contract of insurance there should be, to some extent at least, a habit or custom as to such use.</p> <p>2. Same—application—rule of construction. The language used in an application for a certificate of life insurance should receive a fair, reasonable construction, one within the contemplation of the parties at the time the contract of insurance is consummated.</p> <p>3. Practice—improper remarks of counsel to jury—preserving exceptions. If counsel make improper remarks in argument to the jury, objections should be made to the court and its ruling had. In the absence of any showing in the record that the court was called upon to rule on the question, or that any ruling was made, and an exception preserved, the question of the propriety of such remarks is not presented on appeal or error.</p>