Legal Opinion

Dinan v. Supreme Council of Catholic Mutual Benefit Ass'n

Supreme Court of Pennsylvania

Decided December 31, 1904No. Appeal, No. 194PublishedCited by 13 opinions

Appeal, No. 194, Oct. T., 1904, by plaintiffs, from judgment of C. P. No. 1, Allegheny Co., March Term, 1900, No. 213, on verdict for defendant in case of Andrew A. Dinan and Mary G. Dinan, his wife, v. Supreme Council of the Catholic Mutual Benefit Association. Assumpsit to recover a death benefit. Before Collier, P. J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for defendant. Plaintiff appealed.

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Appeal, No. 194, Oct. T., 1904, by plaintiffs, from judgment of C. P. No. 1, Allegheny Co., March Term, 1900, No. 213, on verdict for defendant in case of Andrew A. Dinan and Mary G. Dinan, his wife, v. Supreme Council of the Catholic Mutual Benefit Association. Assumpsit to recover a death benefit. Before Collier, P. J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant.

1Opinion of the Court

Opinion by

Mr. Justice Thompson,

This action is based upon a beneficiary certificate issued to the father of Mary G. Dinan, one of the appellants, and in her favor, by the appellee, a mutual beneficial association. The re*458quirements under its constitution were that no one above the age of fifty years should be entitled to a certificate of membership. Appellee’s contention was that the appellants were not entitled to recover because at the time of the application and initiation the applicant, since deceased, was over fifty years of age and therefore was not entitled to initiation and membership,…

2Cases cited4 opinions

  1. Howard Express Co. v. WileSupreme Court of Pennsylvania · 1870
  2. Holland v. KindreganSupreme Court of Pennsylvania · 1893
  3. James H. Harlow & Co. v. Borough of HomesteadSupreme Court of Pennsylvania · 1899
  4. Corcoran ex rel. Dill v. Mutual Life InsuranceSupreme Court of Pennsylvania · 1898

3Cited by13 opinions

  1. Second National Bank v. HoffmanSupreme Court of Pennsylvania · 1911
  2. Danko v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1911
  3. Derrick v. Harwood Electric Co.Supreme Court of Pennsylvania · 1920
  4. Colonial Trust Co. v. GetzSuperior Court of Pennsylvania · 1905
  5. Dinan v. Supreme Council of Catholic Mutual Benefit Ass'nSupreme Court of Pennsylvania · 1906

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