Legal Opinion

Schoales v. Order of Sparta

Supreme Court of Pennsylvania

Decided May 4, 1903No. Appeals, Nos. 331 and 339PublishedCited by 8 opinions

Appeals, Nos. 331 and 339, Jan. T., 1902, by plaintiff, from judgment of C. P. No. 1, Phila. Co., June T., 1902, No. 3332, on demurrer in case of Susan Schoales in her own right as heir at law of Francis II. Watt v. Order of Sparta. Assumpsit by Susan Schoales, sister and solo heir at law of Francis H. Watt, to recover the amount of death benefit certificate on the life of Francis H. Watt, a member of the Order of Sparta, an unincorporated beneficial association.

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Appeals, Nos. 331 and 339, Jan. T., 1902, by plaintiff, from judgment of C. P. No. 1, Phila. Co., June T., 1902, No. 3332, on demurrer in case of Susan Schoales in her own right as heir at law of Francis II. Watt v. Order of Sparta. Assumpsit by Susan Schoales, sister and solo heir at law of Francis H. Watt, to recover the amount of death benefit certificate on the life of Francis H. Watt, a member of the Order of Sparta, an unincorporated beneficial association. The Order of Sparta paid the money into court and an issue was framed between Susan Schoales and William Graham. Graham demurred to…

1Opinion of the Court

Opinion by

Mr. Justice Potter,

The Order of Sparta is an unincorporated association, organized in Philadelphia on November 18, 1879, “to unite fraternally men,” etc., for the purpose of paying a death benefit of $2,500 to its members.

*13Francis H. Watt became a member of the order on May 26, 1882, his certificate number being 1059. His wife, Sarah A. Watt, was made the beneficiary in the certificate, and remained such during a period of eighteen years, when she died. At the time when the contract was first made with the association, the member had the right to change the beneficiary and designate…

2Cases cited2 opinions

  1. Thomeuf v. Knights of BirminghamSuperior Court of Pennsylvania · 1899
  2. Wolpert v. Grand Lodge KnightsSuperior Court of Pennsylvania · 1896

3Cited by8 opinions

  1. Gristy v. HudgensArizona Supreme Court · 1922
  2. Vadakin v. CassCourt of Appeals for the Third Circuit · 1917
  3. Fuller v. Supreme CouncilIndiana Court of Appeals · 1917
  4. Baltimore & Ohio Railroad v. VeltriSuperior Court of Pennsylvania · 1908
  5. Meinhardt v. MeinhardtCourt of Appeals of Maryland · 1912

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