Legal Opinion

Rhule v. Diamond Colliery Accidental Fund

Superior Court of Pennsylvania

Decided April 23, 1900No. Appeal, No. 54PublishedCited by 3 opinions

Appeal, No. 54, Jan. T., 1900, by plaintiff, in suit of Emily C. Ilhule against Diamond Colliery Accidental Fund, from judgment of C. P. Lackawanna Co., March T., 1897, No. 1048, on verdict for defendant. Opinion by Orlady, J. Exceptions to referee’s report.

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Appeal, No. 54, Jan. T., 1900, by plaintiff, in suit of Emily C. Ilhule against Diamond Colliery Accidental Fund, from judgment of C. P. Lackawanna Co., March T., 1897, No. 1048, on verdict for defendant. Opinion by Orlady, J. Exceptions to referee’s report. It appears from the record that the action was assumpsit sought to recover $100 funeral benefits to defray the funeral expenses of William H. Rhule, the husband of plaintiff, who was alleged in the statement to have been a duly constituted member in good- standing of defendant fund, and as such entitled under the constitution and by-laws…

1Opinion of the Court

Opinion by

Oblady, J.,

The law applicable to this case is correctly stated in the opinion of the learned trial judge in sustaining the exceptions to the first report of the refereee.

William H. Rhule as a member of the association was bound by the provisions in the by-laws, which are as follows : “ Article 5. Any member neglecting to pay his assessment on pay day when called, must pay it at the first meeting of the fund thereafter; failure on his part to do so, he shall not be entitled to receive any benefits from the fund; and any member neglecting to pay his assessments within three months…

2Cases cited6 opinions

  1. Hamill v. Supreme Council of the Royal ArcanumSupreme Court of Pennsylvania · 1893
  2. Dickinson v. Ancient Order of United WorkmenSupreme Court of Pennsylvania · 1893
  3. Passenger Conductors' Life Ins. v. BirnbaumSupreme Court of Pennsylvania · 1887
  4. Philips v. Baltimore Mutual Aid SocietySuperior Court of Pennsylvania · 1897
  5. Jacobs v. Baltimore Mutual Aid SocietySuperior Court of Pennsylvania · 1898

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Pizur v. Greek Catholic Union of Russian BrotherhoodsSuperior Court of Pennsylvania · 1935
  2. Cicchillo v. Ricciotti Garibaldi Mutual & Beneficial SocietySuperior Court of Pennsylvania · 1941
  3. De Domenicies v. QuiroliSuperior Court of Pennsylvania · 1916

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