Protection Life Insurance v. Palmer

Citations

• 81 Ill. 88

Syllabus

<p>1. Service op process—on agent of corporation. On motion to quash a return of service of a summons against a corporation, which shows service on one ns agent, where the agency is denied, the defendant must disprove the agency, or the motion will be overruled.</p> <p>3. Abatement—to reach defective service. The question whether a summons has been properly served, or served on a proper person, as an agent of a corporation, can not he raised by plea in abatement. Such a plea does not furnish a better writ.</p> <p>3. Appearance—effect on service. By filing a demurrer to the declaration, the defendant is in court, whether the service is sufficient or not.</p> <p>4. Assumpsit—upon sealed policy of insurance. Under the present Practice Act, assumpsit, will lie upon a scaled policy of insurance, the distinction between sealed and unsealed instruments being abolished as to the form of action.</p> <p>5. Evidence—presumption from stipulation as to what was considered. Where a stipulation in an action upon a life policy of insurance was, “ that this cause was submitted to the court on the following agreed evidence,” and stated that the policy and letters of administration should go in evidence : Held, that this was equivalent to saying they should be considered in evidence, and it would be presumed they were, in the absence of a statement to the contrary in the bill of exceptions.</p> <p>6. Presumption—as to sufficiency of evidence. Where the record shows that a policy of insurance was in evidence, but it is not set out in the bill of exceptions, it will be presumed that its provisions warranted the judgment rendered, in an action on the policy.</p> <p>7. Notice—what is to he taken as its date. Where a policy of insurance, providing for assessments, requires that the money must be received by the company in thirty days from the date of the notice thereof, the date will be construed to mean the day it is delivered or received, and not the date 'written in the notice, or the d