Legal Opinion

Young v. Aeolian Council No. 17

Superior Court of Pennsylvania

Decided February 24, 1915No. Appeal, No. 174PublishedCited by 4 opinions

Appeal, No. 174, Oct. T., 1914, by defendant, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1912, No. 857, on verdict for plaintiff in case of Catherine Young v. Aeolian Council No. 17, Junior Order United American Mechanics. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $271.75. Defendant appealed. Error assigned was giving binding instructions for defendant.

1Opinion of the Court

Opinion by

Trexler, J.,

The plaintiff seeks to recover from the defendant death benefits by reason of the death of her husband. The court below directed a verdict in her favor.

The defendant is a fraternal beneficial organization. Its constitution provides that “Any brother suffering himself to become indebted to the council for weekly dues for thirteen weeks shall not be entitled to benefits until four weeks after all such arrearages have been paid in full to time of settlement.” The decedent, the husband of the plaintiff, had been in arrears for thirteen weeks but thereafter paid his dues, but…

2Cases cited5 opinions

  1. Dickinson v. Ancient Order of United WorkmenSupreme Court of Pennsylvania · 1893
  2. McClenaghan v. Cincinnatus CouncilSuperior Court of Pennsylvania · 1902
  3. Philips v. Baltimore Mutual Aid SocietySuperior Court of Pennsylvania · 1897
  4. Mathers v. Protected Home CircleSuperior Court of Pennsylvania · 1913
  5. Stidle v. Twin City Council, No. 121Superior Court of Pennsylvania · 1898

3Cited by4 opinions

  1. Richardson v. American Nat. Ins. Co.Louisiana Court of Appeal · 1931
  2. Bagaj v. First Slovak WreathSuperior Court of Pennsylvania · 1939
  3. De Domenicies v. QuiroliSuperior Court of Pennsylvania · 1916
  4. Ondo v. Greek Catholic UnionSuperior Court of Pennsylvania · 1944

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