Lithgow v. Supreme Tent of the Knights of the Maccabees of the World
Supreme Court of Pennsylvania
Appeal, No. 12, Oct. T., 1894, by defendant, from judgment of C. P. Washington Co., May T., 1891, No. 510, o.n a verdict for the plaintiff. Assumpsit to recover death benefit. Before McClung, J., specially presiding.
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Appeal, No. 12, Oct. T., 1894, by defendant, from judgment of C. P. Washington Co., May T., 1891, No. 510, o.n a verdict for the plaintiff. Assumpsit to recover death benefit. Before McClung, J., specially presiding. At the trial defendant claimed that George W. Lithgow, plaintiff’s husband, became a member of the association, with the intention, at the time, of taking his life in order to secure payment of the sum secured by the endowment certificate to his wife, and that within eleven days after his initiation he committed suicide. Defendant offered in evidence the by-laws of the…
1Opinion of the Court
Opinion by
Mb,. Justice Fell,
Two questions arose at the trial: first, whether the certificate of membership of the deceased was an insurance policy within the meaning of the act of May 11, 1881, P. L. 20, in which case no defence based on the by-laws could be made, as they were not contained in or attached to the certificate ; and, second, whether the provision of the by-laws making the defendant the final arbiter of the right of the beneficiary to recover was illegal as ousting the jurisdiction of the courts. The second question was reserved, but it appears by the opinion filed that it was…
2Cases cited2 opinions
- Commonwealth v. Equitable Beneficial Ass'nSupreme Court of Pennsylvania · 1890
- Dickinson v. Ancient Order of United WorkmenSupreme Court of Pennsylvania · 1893
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- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Jones v. Commonwealth Casualty Co.Supreme Court of Pennsylvania · 1917
- Marcus v. Heralds of LibertySupreme Court of Pennsylvania · 1913
- Hayes v. German Beneficial UnionSuperior Court of Pennsylvania · 1908
- Fidelity Mut. Life Ass'n of Philadelphia v. MillerCourt of Appeals for the Fourth Circuit · 1899
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