Szidor v. Greek Catholic Union of Russian Brotherhoods of United States

Stadteeld, J.,

Opinion by

This is an action in assumpsit brought by the plaintiff as beneficiary on a membership certificate against the defendant, a fraternal benefit society, in the County Court of Allegheny County, Pennsylvania, wherein the case has been tried three times. The pleadings consist of a statement of claim and defendant’s affidavit of defense. At the first trial of this case, the trial court directed a verdict in favor of the defendant. On appeal to this court, judgment was reversed for the reason that where the evidence as to the payment of dues is conflicting and entirely oral,…