Fazekas v. Perth Amboy Holy Mary Roman Catholic Sick Benefit Society

This is a suit to recover “sick” benefits, and the claim of the plaintiff is resisted on the ground that she was not sick but was incapacitated by reason of a fall from the back porch of her home resulting in a fractured elbow. The by-laws in question provided as follows:

“Who belongs in the CC’ group and wants $6.00 sick benefits, pays monthly fifty cents.

“That the illness does not result from drunkenness, fighting, carelessness, venereal diseases or of a trouble which occurred before his joining the society, in such cases he is not entitled to any sick benefit.”

While the rule that all of the…