Marcus v. Heralds of Liberty
Supreme Court of Pennsylvania
Appeal, No. 371, Jan. T., 1912, by plaintiff, from judgment of C. P. No. 2, Philadelphia Co., Dec. T., 1910, No. 2015, for defendant non obstante veredicto in case of Yetta Marcus v. The Heralds of Liberty, a Corporation under the Laws of Alabama. Assumpsit on certificates of membership in a beneficial association. Before Staples, P. J., specially presiding.
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Appeal, No. 371, Jan. T., 1912, by plaintiff, from judgment of C. P. No. 2, Philadelphia Co., Dec. T., 1910, No. 2015, for defendant non obstante veredicto in case of Yetta Marcus v. The Heralds of Liberty, a Corporation under the Laws of Alabama. Assumpsit on certificates of membership in a beneficial association. Before Staples, P. J., specially presiding. From the record it appeared that Herman D. Marcns held five membership certificates in the Heralds of Liberty, an Alabama corporation, under each of which there was payable $500 at his death to his wife, Yetta Marcus, the plaintiff. Each…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
It is the settled rule of our cases that a certificate of membership of a beneficial association is not an insurance policy within the meaning of the Act of 1881, so as to make its by-laws inadmissible in evidence although not attached to the certificate: Beatty v. Supreme Commandery, 154 Pa. 484; Dickinson v. A. O. U. W., 159 Pa. 258; Lithgow v. Maccabees, 165 Pa. 292. It is the contention of appellee that these cases rule the one at bar, and it must be conceded that if the certificate sued on is that of a purely beneficial association, and not a contract of…
2Cases cited12 opinions
- Commonwealth v. Equitable Beneficial Ass'nSupreme Court of Pennsylvania · 1890
- McDonald v. Bankers Life Ass'nSupreme Court of Missouri · 1900
- Morris v. State Mutual Life Assurance Co.Supreme Court of Pennsylvania · 1898
- Dickinson v. Ancient Order of United WorkmenSupreme Court of Pennsylvania · 1893
- Supreme Lodge, New England Order of Protection v. HineSupreme Court of Connecticut · 1909
7 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Wilmington Trust Co. v. ClarkCourt of Appeals of Maryland · 1981
- McLouth Steel Corp. v. Mesta MacHine Co. Foster v. Hartford Accident & Indemnity Co. (Landis Tool Co., Third-Party Defendant)Court of Appeals for the Third Circuit · 1954
- Jones v. Commonwealth Casualty Co.Supreme Court of Pennsylvania · 1917
- Harry L. Sheinman & Sons, Inc. v. Scranton Life Ins.Court of Appeals for the Third Circuit · 1942
- Long v. MorrisCourt of Appeals for the Third Circuit · 1942
21 more not listed; retrieve them via the Exa API.