Citations
- 224 Ill. 599
Full opinion text
Per Curiam
: Appellee, as beneficiary under a certificate issued by appellant to John Caine, her deceased husband, brought her suit in assumpsit on August 5, 1903, in the Knox county circuit court for $2000, alleging the assured, John Caine, died August 17, 1902. The declaration consisted of one count, and set out, in substance, the terms of the benefit certificate, which is denominated a policy, alleging that the instrument was in the custody of the defendant association.
The policy was for $2000, payable upon the death of the assured to appellee, his wife, and the calls were to be paid in quarterly assessments of $8.80 each, payable on the last days of January, April, July and October of each year. The assessment due April 30, 1902, was not paid, but appellee gave the defendant her note for that assessment due in one month, and she defaulted in the payment of that note. When the July assessment became due appellee asked from appellant an extension of time for the payment thereof, and claims that her request was complied with.
To the declaration in this cause the appellant filed its first plea, which is in the nature of a plea res judicata. By this plea it is alleged that the appellee, at the June term, 1903, of the circuit court of Knox county, Illinois, filed her bill in chancery against appéllant, which bill is set out in h