Fischer ex rel. J. & P. Baltz Brewing Co. v. American Legion of Honor
Supreme Court of Pennsylvania
Appeal, No. 230, Jan. T., 1895, by plaintiff, from judgment of C. P. No. 1, Phila. Co., June T., 1894, No. 459, for plaintiff on case stated. Case stated to determine the ownership of a benefit fund.
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Appeal, No. 230, Jan. T., 1895, by plaintiff, from judgment of C. P. No. 1, Phila. Co., June T., 1894, No. 459, for plaintiff on case stated. Case stated to determine the ownership of a benefit fund. The ease stated was as follows: “ On or about the 24th day of March, 1888, Charles F. Fischer became a member of the Subordinate Council of the American Legion of Honor, and received a benefit certificate issued by the Supreme Council in the following form : “ ‘ BENEFIT CERTIFICATE. ISSUED BY No. 115373 SUPREME COUNCIL, 11000 AMERICAN LEGION OF HONOR. “ ‘ This is to certify that Charles F.…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
Charles F. Fischer was a member of the American Legion of Honor, and at the time of his death held a benefit certificate for $1,000, in which Louisa A. Fischer, his former wife, was named as beneficiary. She died in 1889 leaving children, and he remarried and at his death in 1894 left surviving him a widow, Margaret Fischer, and children of both marriages. No change was made after the death of his first wife in the name of the beneficiary, and at his death the amount due by the defendant was claimed by his widow, the plaintiff, and by the administrator of the estate…
2Cases cited3 opinions
- Commonwealth v. Equitable Beneficial Ass'nSupreme Court of Pennsylvania · 1890
- Dickinson v. Ancient Order of United WorkmenSupreme Court of Pennsylvania · 1893
- Lithgow v. Supreme Tent of the Knights of the Maccabees of the WorldSupreme Court of Pennsylvania · 1895
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- Noble v. Police Beneficiary Ass'nSupreme Court of Pennsylvania · 1909
- Baltimore & Ohio Railroad v. VeltriSuperior Court of Pennsylvania · 1908
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