Independent Order of Mutual Aid v. Paine

Citations

• 122 Ill. 625
• 14 N.E. 42
• 1887 Ill. LEXIS 1009

Syllabus

<p>1. Arrest of judgment—after demurrer to declaration is overruled. After judgment overruling a demurrer to a declaration, there can be no motion in arrest of judgment for any defect in the declaration that could have been taken advantage of on the demurrer.</p> <p>2. Amendment of declaration—after verdict—filing additional counts. There is no error in allowing the amendment of the declaration after verdict, and pending a motion for a new trial, by the filing of additional counts upon the same cause of action upon which the suit was brought.</p> <p>3. Estoppel—to deny faet admitted by a party’s deed. Iu an action against a benefit association, on a beneficiary certificate sealed with the company’s seal and signed by its proper officers, which declares the deceased to be a member of the order in a certain lodge, the defendant will be es-topped, by the recital in its deed, from showing that the lodge of the deceased was not properly organized.</p> <p>4. Evidence—relevancy. In an action of assumpsit upon a certificate of membership, against a mutual aid association, by the beneficiary of the deceased member, to recover the sum agreed to he paid on his death, the defendant pleaded the general issue and non est factum. On the trial the defendant offered to prove that the lodge of which the deceased was a member, had not been properly organized, although it had received its charter, and, as a body, was acting under it, with the knowledge and sanction of the defendant association: Held, that the proposed evidence was-not pertinent to the issues, under the pleas, and was irrelevant, as not tending to show any defence to the action.</p>