Coffey v. the MacCabees

Opinion by

Mr. Justice Schaffer,

Plaintiff appeals from the entry of judgment against him by the Superior Court (91 Pa. Superior Ct. 136). The case is very thoroughly discussed in the opinion of that tribunal and we will only briefly point out what we conceive to be the controlling reason why plaintiff cannot recover.

Defendant is a fraternal beneficial association and the action is brought on a benefit certificate issued by it to John H. Coffey, plaintiff’s brother. The certificate was issued on December 5, 1890, and the beneficiary named therein was Johanna Coffey, mother of John. She died…