Metzger v. Cecilia Musical Beneficial Ass'n
Superior Court of Pennsylvania
Appeal, No. 136, Oct. T., 1907, by-defendant, from judgment of C. P. No. 3, Phila. Co., Sept. T., 1900, No. 562, on verdict for plaintiff in case of Rosina Metzger, formerly Rosina Thumann, Executrix of Heinrich Thumann, deceased, v. The Cecilian Musical Beneficial Association of Philadelphia. Assumpsit for benefits.
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Appeal, No. 136, Oct. T., 1907, by-defendant, from judgment of C. P. No. 3, Phila. Co., Sept. T., 1900, No. 562, on verdict for plaintiff in case of Rosina Metzger, formerly Rosina Thumann, Executrix of Heinrich Thumann, deceased, v. The Cecilian Musical Beneficial Association of Philadelphia. Assumpsit for benefits. The court charged in part as follows: [Now, the sole question in this case for you to determine is whether or not Mr. Thumann was lulled into a sense of security with regard to the certificate which he was obliged to furnish the company under the by-laws, by reason of the fact…
1Opinion of the Court
Opinion by
Morrison, J.,
The court below submitted the case to the jury and a verdict for $310 in favor of the plaintiff was found and judgment entered thereon. 'In this appeal it is contended that the evidence did not warrant submitting the case to the jury.
The first assignment of error is, in substance, that the plaintiff had no right to sue before appealing to the association from the refusal of the visiting committee to grant the benefits *224claimed. This question was not raised in the court below and it is contended here that it is too late to raise it for the first time in this court.…
2Cases cited8 opinions
- Welsh v. London Assurance Corp.Supreme Court of Pennsylvania · 1892
- Susquehanna Mutual Fire Insurance v. CusickSupreme Court of Pennsylvania · 1885
- Davis Shoe Co. v. Kittanning Ins.Supreme Court of Pennsylvania · 1890
- Universal Fire Insurance v. BlockSupreme Court of Pennsylvania · 1885
- Thierolf v. Universal Fire InsuranceSupreme Court of Pennsylvania · 1885
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