Philips v. Baltimore Mutual Aid Society
Superior Court of Pennsylvania
Appeal, No. 122, Oct. T., 1897, by defendant, from judgment of C. P. No. 2, Phila. Co., June T., 1895, No. 860, on verdict for plaintiff. Appeal from magistrate. Before Pennypaoker, P. J. It appears from the evidence that suit was brought in assumpsit to recover for death benefits which were admitted to be $50.00, and the sum of $5.00 per week sick benefits, for which the plaintiff is the beneficiary.
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Appeal, No. 122, Oct. T., 1897, by defendant, from judgment of C. P. No. 2, Phila. Co., June T., 1895, No. 860, on verdict for plaintiff. Appeal from magistrate. Before Pennypaoker, P. J. It appears from the evidence that suit was brought in assumpsit to recover for death benefits which were admitted to be $50.00, and the sum of $5.00 per week sick benefits, for which the plaintiff is the beneficiary. As to the claim for benefits the defense set up was a provision of the policy to this effect: “ Any member in arrears for more than three weeks’ dues shall not be entitled to benefits, but such…
1Opinion of the Court
Opinion by
Porter, J.,
In the policy of insurance sued on was the provision: “ Any member in arrears for more than three weeks’ dues, shall not be entitled to benefits, but such members can be reinstated by paying such arrears and passing an examination, though they will not be entitled to benefits should sickness, accident or death occur within five weeks from date of reinstatement.” The plaintiff, the mother of the insured, submitted testimony to prove the identity of the insured and the death on October 22, 1894. She offered in evidence the policy and a so-called receipt book showing…
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