Mikesell v. Mikesell
Superior Court of Pennsylvania
Appeal, No. 178, April T., 1909, by plaintiff, from judgment of C. P. No. 4, Allegheny Co., Third Term, 1907, No. 554, for defendant on case tried by the court without a jury in suit of Ada B. Mikesell v. George A. Mikesell. Feigned issue and interpleader to determine right to death benefits. The case was tried by Cohen, J., under the Act of April 22, 1874, P. L. 108. The court entered judgment for defendant on feigned issue.
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Appeal, No. 178, April T., 1909, by plaintiff, from judgment of C. P. No. 4, Allegheny Co., Third Term, 1907, No. 554, for defendant on case tried by the court without a jury in suit of Ada B. Mikesell v. George A. Mikesell. Feigned issue and interpleader to determine right to death benefits. The case was tried by Cohen, J., under the Act of April 22, 1874, P. L. 108. The court entered judgment for defendant on feigned issue. Error assigned was in entering judgment for defendant on the feigned issue.
1Opinion of the Court
Opinion by
Orlady, J.,
John B. Mikesell was, at the time of his death, a member in good standing of the Locomotive Engineers Mutual Life and Accident Insurance Company, a corporation regularly incorporated under the provisions of secs. 3631-16 of the annotated statutes of Ohio. Its declared object being “to transact a business of life and accident insurance on the assessment plan, for the purpose of mutual protection and relief of its members; and for the payment to the family, heirs, relatives by blood, marriage or lawful adoption, affianced wife, or to person or persons dependent upon the…
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