Legal Opinion

Hayes v. German Beneficial Union

Superior Court of Pennsylvania

Decided February 28, 1908No. Appeal, No. 83PublishedCited by 18 opinions

Appeal, No. 83, April T., 1907, by plaintiff, from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1902, No. 652, on verdict for plaintiff in case of Dennis Hayes v. German Beneficial Union. Assumpsit to recover death benefits. Before Kennedy, P. J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $486.46. Plaintiff appealed.

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Appeal, No. 83, April T., 1907, by plaintiff, from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1902, No. 652, on verdict for plaintiff in case of Dennis Hayes v. German Beneficial Union. Assumpsit to recover death benefits. Before Kennedy, P. J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $486.46. Plaintiff appealed. Error assigned was in giving binding instructions for plaintiff for $390 and interest. — Societies which insure against sickness, accident or death (all of which are proper subjects of insurance), are nevertheless held to be…

1Opinion of the Court

Opinion by

Head, J.,

In this action the plaintiff bases his right to recover on a written contract or certificate dated May 12, 1892. The due execution and delivery of the contract are not denied nor is it alleged that the plaintiff has failed, in any respect, to discharge every obligation imposed on him therein or thereby. The defendant is a beneficial society or fraternal union and was duly incorporated on April 13,1892, for the purpose of maintaining “a society for the payment of periodical benefits to its members in the cases of sickness or disability, from funds contributed by the members;…

2Cases cited12 opinions

  1. Commonwealth v. Equitable Beneficial Ass'nSupreme Court of Pennsylvania · 1890
  2. Newhall v. Supreme Council American Legion of HonorMassachusetts Supreme Judicial Court · 1902
  3. Chambers v. Supreme Tent of Knights of the Maccabees of the WorldSupreme Court of Pennsylvania · 1901
  4. Hale v. Equitable Aid UnionSupreme Court of Pennsylvania · 1895
  5. Dickinson v. Ancient Order of United WorkmenSupreme Court of Pennsylvania · 1893

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3Cited by18 opinions

  1. Gordon v. TomeiSuperior Court of Pennsylvania · 1940
  2. Roblin v. Supreme Tent of the Knights of the MaccabeesSupreme Court of Pennsylvania · 1920
  3. Palmer v. Protected Home CircleSupreme Court of Pennsylvania · 1916
  4. Eddyside Co. v. SeibelSuperior Court of Pennsylvania · 1940
  5. Kensington National Bank v. Cedarbrook Country ClubSuperior Court of Pennsylvania · 1947

13 more not listed; retrieve them via the Exa API.

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