Categories: Illinois Appellate Court Opinions

CLARK v. LITHUANIAN ROMAN CATHOLIC ALLIANCE, 327 Ill. App. 336 (1946)

64 N.E.2d 209

Anna, Sometimes Known as Ona, Clark, Appellee, v. Lithuanian Roman Catholic Alliance of America, Appellant.

Gen. No. 43,385. (Abstract of Decisions.)Appellate Court of Illinois, Chicago, First District.
Opinion filed December 18, 1945 Released for publication January 2, 1946

FRATERNAL BENEFICIARY ASSOCIATIONS, § 80[*] — acceptance of delinquent dues as waiver of forfeiture provision of by-laws.
In action by beneficiary to recover on certificate of insurance, where defense offered was that assured was in arrears in payment of monthly dues at time of his death and his insurance certificate had lapsed, held that since defendant established course of dealing with decedent as to payment of his dues, and always accepted them, irrespective of when he paid them or amount of his delinquency, defendant waived prompt payment of dues by decedent and forfeiture provision of its by-laws.

[*] See Callaghan’s Illinois Digest, same topic and sectionnumber.

Appeal from the Circuit Court of Cook county; the Hon. HARRY M. FISHER, Judge, presiding.

Judgment reversed and judgment here for $1,151.54 in favor of plaintiff and against defendant. Heard in the second division, first district, this court at the June term, 1945.

Joseph J. Grish, for appellant;

David H. Kraft, of counsel;

Ringer, Reinwald Sostrin, for appellee;

Morris Sostrin, of counsel.

Opinion by JUSTICE SULLIVAN.

Not to be published in full. Opinion filed December 18, 1945; released for publication January 2, 1946.

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