Mathers v. Protected Home Circle
Superior Court of Pennsylvania
Appeal, No. 157, April T., 1913, by defendant, from judgment of C. P. Butler Co., March T., 1913, No. 66, on verdict for plaintiff in case of Martha E. Mathers v. The Protected Home Circle. Assumpsit for death benefits for plaintiff for $1,081.22. Defendant appealed. Errors assigned were in refusing binding instructions for defendant.
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Appeal, No. 157, April T., 1913, by defendant, from judgment of C. P. Butler Co., March T., 1913, No. 66, on verdict for plaintiff in case of Martha E. Mathers v. The Protected Home Circle. Assumpsit for death benefits for plaintiff for $1,081.22. Defendant appealed. Errors assigned were in refusing binding instructions for defendant. It is now a settled rule of law in this state that evidence to prove a custom which is contrary to the express terms of a contract is inadmissible: Dickinson v. A. O. U. W., 159 Pa. 258; Porter v. Patterson, 15 Pa. 229; Shortz v. Unangst, 3 W. & S. 45; Edwards…
1Opinion of the Court
Opinion by
Henderson, J.,
Plaintiff’s action is based on a benefit certificate issued by the defendant- on the life of John B. Mathers in favor of the plaintiff, who was his wife. The defendant is a fraternal, beneficial association having a general organization known as the Supreme Circle, and subordinate organizations known as local circles, having a membership in the place in which the subordinate body is located. The beneficial certificates to the members of the organization were issued by the Supreme Circle. The certificate issued to John B. Mathers was in its general form the same as that…
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