Erby v. Penn Mutual Life Insurance

Full title: John H. Erby, Appellant, v. Penn Mutual Life Insurance Company, Appellee

Court: Appellate Court of Illinois, First District

Date published: Jun 15, 1945

326 Ill. App. 455 (Ill. App. Ct. 1945)

61 N.E.2d 761

Opinion

Gen. No. 42,943. (Abstract of Decision.)

Opinion filed June 15, 1945 Released for publication June 27, 1945

This case is controlled by the decision in Lubin v. Equitable Life Assurance Society of United States, supra, p. 358.

Appeal from the Circuit Court of Cook county; the Hon. BENJAMIN P. EPSTEIN, Judge, presiding.

Affirmed. Heard in the second division, first district, this court at the December term, 1943.

David H. Caplow, Sol Andrews and Maurice L. Davis, for appellant;

Poppenhusen, Johnston, Thompson Raymond, for appellee;

Edward R. Johnston and Albert E. Jenner, Jr., of counsel.

Opinion by PRESIDING JUSTICE SULLIVAN.

Not to be published in full. Opinion filed June 15, 1945; released for publication June 27, 1945.