McCullough v. Expressman's Ass'n
Pennsylvania Court of Common Pleas, Philadelphia County
No. 95 July Term 1889, Sup. Ct.; court below, No. 1008 June Term 1887, C. P. No. 3. On September 3, 1887, Patrick McCullough, committee of the person and estate of Thomas J. McAneny, a lunatic, brought assumpsit against the Expressman’s Mutual Beneficial Association of Pennsylvania, to recover sick benefits alleged to be due to said lunatic, as a member of the defendant association. Issue.
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No. 95 July Term 1889, Sup. Ct.; court below, No. 1008 June Term 1887, C. P. No. 3. On September 3, 1887, Patrick McCullough, committee of the person and estate of Thomas J. McAneny, a lunatic, brought assumpsit against the Expressman’s Mutual Beneficial Association of Pennsylvania, to recover sick benefits alleged to be due to said lunatic, as a member of the defendant association. Issue. At the trial- on February 13, 1889, the following facts were agreed upon for the purpose of making a reservation of questions of law: Thomas J. McAneny became a member of the Expressman’s Beneficial…
1Opinion of the Court
Opinion,
Mb. Justice Mitchell:
The jury have found for the plaintiff, and we must therefore assume that all the necessary facts were duly proved. This disposes of a considerable part of the argument for the appellee, and leaves open to us only the question of law involved in the point reserved, whether insanity is sickness or disability, within the meaning of the contract.
The operative words are contained in the following passages from the constitution and by-laws of the association: Constitution, article 9 : “ Every member.....who, through sickness or other disability, is unable to follow his…
2Cases cited1 opinion
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