Thomeuf v. Knights of Birmingham
Superior Court of Pennsylvania
Appeal, No. 152, Oct. T., 1899, by-defendants, from judgment of O. P. No. 1, Phila. Co., Dec. T., 1898, No.. 679, on verdict for plaintiff. Assumpsit to recover $1,000 benefits from the Knights of Birmingham, payable on the death of Henry C. Shoemaker.
Read the full summary
Appeal, No. 152, Oct. T., 1899, by-defendants, from judgment of O. P. No. 1, Phila. Co., Dec. T., 1898, No.. 679, on verdict for plaintiff. Assumpsit to recover $1,000 benefits from the Knights of Birmingham, payable on the death of Henry C. Shoemaker. The trial judge refused defendants’ points for charge, which were as follows: [1. If the jury find from the evidence that the defendant is a fraternal beneficial society, your verdict should be for the defendant, unless the evidence satisfies you that the plaintiff is within the classes to whom death benefits may be paid by law, namely, within…
1Opinion of the Court
Opinion by
Rice, P. J.,
The facts of this case are clearly and fully stated in the charge and need not be recited here. The first question is, whether the paper of June 22, 1896, was a “ designation ” of a beneficiaiy within the meaning of the charter and by-laws of the defendant corporation or was merely a testamentary paper requiring probate ? It has been suggested that the use of the present tense and the expression of the consideration for which it was given go to show that the maker intended it as a present assignment of money to become due after death. But it is unnecessary to go to that…
2Cases cited7 opinions
- Voigt v. KerstenIllinois Supreme Court · 1896
- Maneely v. Knights BirminghamSupreme Court of Pennsylvania · 1887
- Estate of KiseckerSupreme Court of Pennsylvania · 1899
- Wolpert v. Grand Lodge KnightsSuperior Court of Pennsylvania · 1896
- Burst v. WeisenbornSuperior Court of Pennsylvania · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hayes v. German Beneficial UnionSuperior Court of Pennsylvania · 1908
- Reiff's EstateSuperior Court of Pennsylvania · 1901
- Schoales v. Order of SpartaSupreme Court of Pennsylvania · 1903
- Brinsmaid v. Iowa State Traveling Men's Ass'nSupreme Court of Iowa · 1911
- Hunter v. Firemen's Relief & Benevolent Ass'nSuperior Court of Pennsylvania · 1902
7 more not listed; retrieve them via the Exa API.