Opinion
Gen. No. 41,817. (Abstract of Decision.)
Opinion filed June 19, 1942
JUDGMENTS, § 5.1 — jury's function to decide disputed issues of fact. In an action upon a contract of insurance issued by defendant to plaintiff, wherein plaintiff sought judgment for certain old age settlement benefits provided for in a rider attached to the policy, wherein summary judgment was entered against defendant, and where defendant had requested a jury and its statement of defense and affidavit of merits in defense to the motion for summary judgment averred the policy had lapsed for nonpayment of premium and that plaintiff had not demanded or elected to take old age benefits while the policy was in force, defendant raised issues of fact which it was a jury's function to decide.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Municipal Court of Chicago; Hon. FRANK M. PADDEN, presiding.
Judgment reversed and cause remanded with directions. Heard in second division, first district, this court at October term, 1941.
E.C. Corry and Fulton, Fulton Sheen, for appellant;
E.C. Corry, J.F. Sheen and James W. Cotter, of counsel;
Arthur J.J. Welsh, for appellee.
"Not to be published in full." Opinion filed June 19, 1942.