Clarke v. Supreme Lodge K.P.

• Decision Date: 18 April 1901
• Citation: 60 N.E. 39,189 Ill. 639
• Parties: CLARKE v. SUPREME LODGE K. P.
• Court: Illinois Supreme Court

189 Ill. 639

60 N.E. 39

CLARKE

v.SUPREME LODGE K. P.

Supreme Court of Illinois.

April 18, 1901.

Appeal from appellate court, Fourth district.

Action by Jennie Dee Clarke against the Supreme Lodge Knights of Pythias. From a judgment of the appellate court (88 Ill. App. 600) reversing a judgment for plaintiff, and directing a judgment for plaintiff for a certain amount, plaintiff appeals. Reversed.T. G. Parker and C. S. Conger, for appellant.

William S. Forrest and Benson Landon, for appellee.

PER CURIAM.

This was an action at law by appellant, as beneficiary in a mortuary benefit certificate issued by the appellee lodge on the life of Frank E. Clarke, husband of the appellant. Judgment was entered in favor of appellant in the trial court in the sum of $2,000, but, on appeal to the appellate court for the Fourth district, judgment was entered in said appellate court reversing the judgment of the circuit court, and remanding the cause, with directions to the circuit court to enter judgment in favor of appellant in the sum of $417.64, being the amount of dues and assessments paid by the assured on said certificate.

The judgment of the appellate court contains the following recital: ‘The court finds that Frank E. Clarke complied with the terms of the certificate of insurance as to the payment of assessments thereon, and came to his death by self-destruction on December 27, 1896, and that the amount due and owing appellee by appellant was, at the time of trial in the circuit court, the sum of $417.64; and is of opinion that in the record and proceedings aforesaid, and in the rendition of the judgment aforesaid, there is manifest error, in this: the court erred in giving the second instruction for the plaintiff in the court below. Therefore it is considered by the court that for that error, and others in the record and proceedings aforesaid, the judgment of the circuit court in this behalf rendered by reversed, annulled, set aside, and wholly for nothing esteemed, and that the motions heretofore made to reverse the judgment and remand the cause for a new trial be and the same are allowed, and the motions heretofore made to affirm the judgment and for procedendo be denied, and that this cause be remanded to the circuit court of White county, with directions to enter judgment for the plaintiff in the sum of $417.64, with interest at 5 per cent. per annum from the date of the verdict, and costs, and for such other and further proceedings as...