Oster v. Brotherhood of Locomotive Firemen & Enginemen
Supreme Court of Pennsylvania
Appeal, No. 219, Jan. T., 1921, by plaintiff, from judgment of C. P. Lancaster Co., Feb. T., 1920, No. 51, for defendant, on affidavit of defense in nature of demurrer, in case of Annie Katherine Oster v. The Brotherhood of Locomotive Firemen and Engine-men, W. J. Carter, President, and A. H. Hawley, Secretary and Treasurer. Assumpsit for death benefits. Affidavit of defense in nature of demurrer. The opinion of the Supreme Court states the facts. Judgment for defendants.
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Appeal, No. 219, Jan. T., 1921, by plaintiff, from judgment of C. P. Lancaster Co., Feb. T., 1920, No. 51, for defendant, on affidavit of defense in nature of demurrer, in case of Annie Katherine Oster v. The Brotherhood of Locomotive Firemen and Engine-men, W. J. Carter, President, and A. H. Hawley, Secretary and Treasurer. Assumpsit for death benefits. Affidavit of defense in nature of demurrer. The opinion of the Supreme Court states the facts. Judgment for defendants. Plaintiff appealed. Error assigned, among others, was judgment, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Schaffer,
Plaintiff brought an action of assumpsit against “The Brotherhood of Locomotive Firemen and Enginemen, W. J. Carter, President, A. H. Hawley, General Secretary and Treasurer, or whoever may represent the defendant,” and filed a statement of claim, in which it is averred “the defendant is a fraternal and beneficial association organized for the benefit of the members and their wives, widows, children or families,” that plaintiff is the widow of Andrew A. Oster, who was a member of the brotherhood, and that she is entitled to the insurance or benefits upon his…
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