Duffy v. Alta Friendly Society
Superior Court of Pennsylvania
Appeal, No. 149, April T., 1.901, by defendant, from judgment of C. P. No. 2, Allegheny Co., July T., 1899, No. 172, on verdict for plaintiff in case of Emma B. Duffy v. The Alta Friendly Society. Assumpsit for death benefits. Before Frazer, P. J. The facts appear by the opinion of the Superior Court. The court refused to give binding instructions for defendant. Verdict and judgment for plaintiff for $270.62. Defendant appealed.
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Appeal, No. 149, April T., 1.901, by defendant, from judgment of C. P. No. 2, Allegheny Co., July T., 1899, No. 172, on verdict for plaintiff in case of Emma B. Duffy v. The Alta Friendly Society. Assumpsit for death benefits. Before Frazer, P. J. The facts appear by the opinion of the Superior Court. The court refused to give binding instructions for defendant. Verdict and judgment for plaintiff for $270.62. Defendant appealed. Error assigned among others was in refusing to give binding instructions for pláintiff.
1Opinion of the Court
Opinion by
William W. Porter, J.,
On April 15, 1898, Joseph C. Duffy received a certificate of membership in the Alta Friendly Society, insuring his life in' favor of Emma B. Duffy, his wife, in the sum of $250. The certificate provided that the sum of $1.67 should be paid on the 15th day of every month and that “all dues and assessments must be promptly paid when due, otherwise this certifi*534cate shall be absolutely null and void.” By the terms of the certificate the by-laws of the society are made a part of the contract. In the by-laws it is provided that the monthly dues shall be payable at…
2Cases cited1 opinion
- Lantz v. Vermont L. Ins.Supreme Court of Pennsylvania · 1891
3Cited by3 opinions
- Gross v. Home Life Insurance Co. of AmericaSuperior Court of Pennsylvania · 1933
- Beeman v. Supreme LodgeSuperior Court of Pennsylvania · 1905
- Sykes v. United Insurance Co.Superior Court of Pennsylvania · 1950