Jacobs v. Baltimore Mutual Aid Society
Superior Court of Pennsylvania
Appeal, No. 6, Oct. T., 1898, by defendant, from judgment of C. P. Lancaster Co., Nov. T., 1895, No. 31, on verdict for plaintiff. Assumpsit.
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Appeal, No. 6, Oct. T., 1898, by defendant, from judgment of C. P. Lancaster Co., Nov. T., 1895, No. 31, on verdict for plaintiff. Assumpsit. Before Brubaker, J. It appears from the evidence that the plaintiff, a member of the society, claimed certain sick benefits, but it was alleged by defendant that when the plaintiff forwarded his premium receipt book to the home office it was discovered that he was not in good standing; that he was six weeks in arrears for dues and had lost his standing in the society until five weeks after he had paid all arrears, which he did not do until later. The…
1Opinion of the Court
Per Curiam,
The question whether or not the plaintiff was “non-beneficial ” at the time his claim for benefits arose was one of fact and was properly submitted to the jury. We have been referred to no clause in the policy which makes the member’s receipt book conclusive evidence of his standing, but conceding that the question was to be determined by the entries therein, the credibility of the witnesses who testified as to the contents of the book which was lost, was for the jury. Moreover the testimony of these witnesses was not uncontradicted. The plaintiff testified that he was not in…
2Cited by2 opinions
- Rhule v. Diamond Colliery Accidental FundSuperior Court of Pennsylvania · 1900
- Ondo v. Greek Catholic UnionSuperior Court of Pennsylvania · 1944