Shay v. Phœnix Accident & Sick Benefit Ass'n
Superior Court of Pennsylvania
Appeal, No. 140, April T., 1905, by defendant, from order of C. P. Butler Co., March T., 1904, No. 55, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Karl Shay, by his next friend, Mary Shay, v. Phoenix Accident and Sick Benefit Association. Assumpsit on a policy of insurance. Before Galbreath, P. J. The facts appear by the opinion of the Superior Court. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Orlady, J.,
This suit was brought to recover on a policy issued by an accident and side benefit association, and the only question in controversy is whether the defense set up by the defendant company, in declaring the policy forfeited by reason of the nonpayment of a monthly installment, shall prevail.
The policy is dated April 15, 1903, when the membership fee of $5.00 was paid, and by its terms the further payment of $1.00 in advance, on or before the 15th day of each and every month, during the continuance of the policy, was required, to continue it in force. .Ten monthly…
2Cases cited7 opinions
- Brink v. . Hanover Fire Ins. Co.New York Court of Appeals · 1880
- R. W. McCormick & Son v. Royal InsuranceSupreme Court of Pennsylvania · 1894
- White v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1903
- Freedman v. Fire Ass'nSupreme Court of Pennsylvania · 1895
- Freedman v. Providence Washington InsuranceSupreme Court of Pennsylvania · 1896
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3Cited by2 opinions
- Cooper v. Belt Automobile Indemnity Ass'nSuperior Court of Pennsylvania · 1922
- McGrine v. Industrial Health, Accident & Life InsuranceSuperior Court of Pennsylvania · 1936