Legal Opinion

Kavalkovich v. Order of Liberty

Superior Court of Pennsylvania

Decided March 5, 1921No. Appeal, No. 159PublishedCited by 2 opinions

Appeal, No. 159, Oct. T., 1920, by defendant, from the judgment of the Municipal Court of Philadelphia, Sept. T., 1919, No. 574, on verdict for. the plaintiff in the case of Mary Kavalkovich v. Order of Liberty. Assumpsit on beneficial certificate. Before Crane, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff in the sum of $535 and judgment thereon. Defendant appealed.

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Appeal, No. 159, Oct. T., 1920, by defendant, from the judgment of the Municipal Court of Philadelphia, Sept. T., 1919, No. 574, on verdict for. the plaintiff in the case of Mary Kavalkovich v. Order of Liberty. Assumpsit on beneficial certificate. Before Crane, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff in the sum of $535 and judgment thereon. Defendant appealed. Error assigned was in permitting amendment to plaintiff’s statement and refusal of defendant’s motion for a new trial.

1Opinion of the Court

Opinion by

Trexler, J.,

This is a suit to recover five hundred dollars death benefits under a certificate issued by the defendant society which the decedent joined September 14,1914. The defendant is a fraternal beneficial society (incorporated). Plaintiff’s statement declared upon a certificate bearing date September 14, 1916. The court allowed this to be changed to September 14, 1914. Defendant claims that the court had no right to allow this amendment since the cause of action was thereby, changed, and the time limited in the certificate of 1914 for the bringing of suit having passed at the…

2Cases cited2 opinions

  1. Campbell v. Great Eastern Casualty Co.Superior Court of Pennsylvania · 1920
  2. Wilson v. Police Beneficiary Ass'nSupreme Court of Pennsylvania · 1920

3Cited by2 opinions

  1. Lettieri v. Mamaroneck Sand & Gravel Co.Superior Court of Pennsylvania · 1936
  2. Pangborn Corp. v. Blatt, Pennsylvania Court of Common Pleas, Berks County1922

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