Opinion
Gen. No. 41,039. (Abstract of Decision.)
Opinion filed June 26, 1940 Rehearing denied July 9, 1940
APPEAL AND ERROR, § 888 — waiver of objection to exclusion of evidence. In action on life insurance policy, defended on ground that insured represented that he had never had insulin treatments when he had in fact been so treated for diabetes, where evidence tending to support such affirmative defense was excluded by trial court and no point was made on appeal as to propriety of the court's ruling, judgment for plaintiff would be affirmed.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Municipal Court of Chicago; Hon. JOHN V. MCCORMICK, presiding.
Affirmed. Heard in second division, first district, this court at December term, 1939.
Hoyne, O'Connor Rubinkam, for appellant;
Nathaniel Rubinkam and Albert E. Hallett, Jr., of counsel;
Peter Fitzpatrick and Novak Ostrom, for appellee;
Peter Fitzpatrick and George A. Askounis, of counsel.
"Not to be published in full." Opinion filed June 26, 1940; rehearing denied July 9, 1940.