Supreme Council v. Curd

Citations

• 111 Ill. 284

Syllabus

<p>1. Practice — when objection to evidence should be specific. Objections to evidence, or questions propounded, which might have been obviated, must be specifically made on the trial, or they can not be urged on appeal or error.</p> <p>2. Contract — rule of construction — talcing words used, in their ordinary sense. In seeking the intention of the parties to a written contract, the courts are not authorized to construe the words used otherwise than in accordance, with their plain, natural and obvious meaning, unless, from a consideration of the entire evidence, it shall appear that -the parties did not intend to so use them.</p> <p>3. Life insurance — application as part of contract, construed. An application, by a member of a temperance order for a beneficiary certificate in the nature of a life insurance policy, contained this clause: “I further agree, that should I, at any time, violate my pledge of total abstinence, or be suspended or expelled for a violation of any of the laws of the order, or for non-payment of dues, etc., then all rights which either myself, the person or persons named in certificate, my heirs, etc., may have upon the beneficiary fund of the order, shall be forfeited:” Held, that the application was a part of the contract of insurance, and obligatory upon the beneficiary named in the certificate, to whom payment was promised on the death of the member, and that the language was in the alternative, making either or any one of the causes named, a ground of forfeiture of all right of recovery upon the certificate.</p> <p>4. Same — certificate construed, as to conditions. A beneficiary certificate given to a member of an order, witnessed that the member was entitled to certain rights and privileges of the order, and the same was issued upon the express condition that he should, while a member of the order, faithfully maintain his pledge of- total abstinence, and comply with all the laws, rules, regulations and requirements of the order, otherwis