Legal Opinion

Myers v. Fritchman

Superior Court of Pennsylvania

Decided February 19, 1898No. Appeal, No. 81PublishedCited by 9 opinions

Appeal, No. 81, Oct. T., 1897, by plaintiff, from judgment of C. P. Northampton Co., Sept. T., •1896, No. 69, on verdict for defendant. Appeal from judgment of a justice of the peace in favor of plaintiff for $223. Before Schuyler, P. J. It appears from the record and evidence that plaintiff claimed sick benefits from an unincorporated sick benefit association, the defendant, of which he was a member.

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Appeal, No. 81, Oct. T., 1897, by plaintiff, from judgment of C. P. Northampton Co., Sept. T., •1896, No. 69, on verdict for defendant. Appeal from judgment of a justice of the peace in favor of plaintiff for $223. Before Schuyler, P. J. It appears from the record and evidence that plaintiff claimed sick benefits from an unincorporated sick benefit association, the defendant, of which he was a member. It appears that the plaintiff’s claim had been submitted in accordance with the provisions of the constitution to the tribunal of the association constituted thereby for the determination of…

1Opinion of the Court

Opinion by

Smith, J.,

The plaintiff, a member of Cradle of Liberty Council, O. D", A. M., No. 134, Freemansburg, Pa., an unincorporated, society, sues tbe society for sick benefits to which he alleges he is entitled under its constitution and by-laws. The defense is that this constitution provides for the adjudication of all claims by tribunals of the order, and that the plaintiff has been heard by these and determined against him.

One section of the constitution referred to provides for the reference of certain cases to a physician, “whose report, if approved by the council, shall be final,…

2Cases cited3 opinions

  1. Commonwealth v. Union LeagueSupreme Court of Pennsylvania · 1890
  2. Black & White-Smiths' Society v. VandykeSupreme Court of Pennsylvania · 1837
  3. Commonwealth ex. rel. Bryan v. Pike Beneficial SocietySupreme Court of Pennsylvania · 1844

3Cited by9 opinions

  1. Falsetti v. Local Union No. 2026, United Mine Workers of AmericaSupreme Court of Pennsylvania · 1960
  2. Cimprich v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1935
  3. Smith v. South Slavonic Catholic UnionWest Virginia Supreme Court · 1925
  4. Wick v. Fraternities Accident OrderSuperior Court of Pennsylvania · 1902
  5. Ioska Tribe of Red Men v. Great Council of Red MenSuperior Court of Pennsylvania · 1929

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