Beatty v. Beatty
Supreme Court of Pennsylvania
FROM THE DEGREE OF THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY, IN EQUITY. No. 257 October Term 1887, Sup. Ct.; court below, No. 764 June Term 1887, C. P. in Equity.
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FROM THE DEGREE OF THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY, IN EQUITY. No. 257 October Term 1887, Sup. Ct.; court below, No. 764 June Term 1887, C. P. in Equity. On June 4, 1887, Clara B. Beatty, widow of Ross S. Beatty, deceased, filed a bill in equity against R. H. Beatty and Amanda Beatty, Ms wife, in right of said wife, and the Supreme Coal-man dery of the United Order of the Golden Cross of the World, praying upon the facts charged therein : (1) An injunction restraining said Supreme Commandery, its officers and agents, from paying the amount of a certain benefit certificate…
1Opinion of the Court
Ormioisr,
Mr. Justice Williams :
This case is ruled by Fisk v. The Equitable Aid Union, re*434ported in 20 W. N. 290. In that case the benefit certificate issued to Mrs. Fisk was made payable to her husband, was delivered into his possession, and he assumed and actually paid all the fees and assessments thereon. She subsequently obtained possession of the certificate, surrendered it without the knowledge or consent of her husband, and received a new one in its stead, naming four other persons beside him as beneficiaries. The original certificate expressly provided that she might change the…
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