Sullivan v. Supreme Council of Catholic Mutual Benefit Ass'n
Supreme Court of Pennsylvania
Appeal, No. 69, Oct. T., 1919, by defendant, from judgment of C. P. Allegheny Co., April T., 1917, No. 1118, on verdict for plaintiffs in ease of Catherine Sullivan, Margaret O’Dwyer, Jane O’Dwyer and Ella Marie O’Dwyer, children of Michael O’Dwyer, deceased, v. Supreme Council of the Catholic Mutual Benefit Association. Assumpsit to recover death benefits. Before Carpenter, J. Verdict and judgment for plaintiffs for $2,370.85. Defendant appealed.
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Appeal, No. 69, Oct. T., 1919, by defendant, from judgment of C. P. Allegheny Co., April T., 1917, No. 1118, on verdict for plaintiffs in ease of Catherine Sullivan, Margaret O’Dwyer, Jane O’Dwyer and Ella Marie O’Dwyer, children of Michael O’Dwyer, deceased, v. Supreme Council of the Catholic Mutual Benefit Association. Assumpsit to recover death benefits. Before Carpenter, J. Verdict and judgment for plaintiffs for $2,370.85. Defendant appealed. Error assigned was in refusing defendant’s motion for judgment n. O', v.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
This action, by the children of a deceased member of defendant beneficial association is to recover death benefits. The defense set up is that, by reason of having failed to pay dues for the month preceding that in which he died, deceased was not a member of the association in good standing at the time of his death. The court below submitted to the jury the question whether the dues for that month, August, were in fact paid, instructing them that the burden was on defendant to prove deceased was not entitled to receive benefits at the time of his death. The jury…
2Cases cited1 opinion
- Crumpton v. Pittsburg Council, No. 117Superior Court of Pennsylvania · 1896
3Cited by4 opinions
- Wilson v. Prudential Ins. Co. of AmericaMichigan Supreme Court · 1936
- Szidor v. Greek Catholic UnionSuperior Court of Pennsylvania · 1938
- Bastaich v. Zivena Beneficial Society of United StatesSuperior Court of Pennsylvania · 1942
- Ondo v. Greek Catholic UnionSuperior Court of Pennsylvania · 1944