Legal Opinion

Blair v. Supreme Council American Legion of Honor

Supreme Court of Pennsylvania

Decided March 7, 1904No. Appeal, No. 159PublishedCited by 8 opinions

Appeal, No. 159, Jan. T., 1903, by defendant, from decree of C. P. No. 5, Phila. Co., Sept. T., 1902, No. 1326, dismissing bill in equity in case of Mary L. Blair v. Supreme Council American Legion of Honor. Bill in equity for restitution of death certificate for discovery and for an account. The material averments of the bill and the grounds of demurrer are stated in the opinion of the Supreme Court. The court sustained the demurrer and dismissed the bill.

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Appeal, No. 159, Jan. T., 1903, by defendant, from decree of C. P. No. 5, Phila. Co., Sept. T., 1902, No. 1326, dismissing bill in equity in case of Mary L. Blair v. Supreme Council American Legion of Honor. Bill in equity for restitution of death certificate for discovery and for an account. The material averments of the bill and the grounds of demurrer are stated in the opinion of the Supreme Court. The court sustained the demurrer and dismissed the bill. Error assigned was the decree of the court.

1Opinion of the Court

Opinion by

Mr. Justice Dean,

On February 25, 1889, the defendant, a beneficial organization, issued its certificate to Henry C. Blair, whereby it agreed to pay to Mary L. Blair, his wife, upon the death of her husband, $5,000 on condition of the husband’s compliance with the by-laws, of the company. The husband did comply with all the by-laws, and on the face of the certificate his widow was entitled to payment of the $5,000 ; but it appeared that on August 1, 1900, about eleven years and five months after the issue of the certificate and about six months before the death of the husband, the…

2Cases cited4 opinions

  1. Commonwealth v. Equitable Beneficial Ass'nSupreme Court of Pennsylvania · 1890
  2. Becker v. Berlin Benef. Society, Pennsylvania Court of Common Pleas, York County1891
  3. Marshall v. Pilots Ass'nSupreme Court of Pennsylvania · 1903
  4. Bierbower's AppealSupreme Court of Pennsylvania · 1884

3Cited by8 opinions

  1. Taylor v. Order of SpartaSupreme Court of Pennsylvania · 1916
  2. McKemy v. Supreme Lodge A. O. U. W.Court of Appeals for the Sixth Circuit · 1910
  3. Grange v. Penn Mutual Life InsuranceSupreme Court of Pennsylvania · 1912
  4. Philadelphia & Reading Coal & Iron Co.Supreme Court of Pennsylvania · 1971
  5. Mowry v. National Protective SocietySuperior Court of Pennsylvania · 1905

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