Jacobs v. Baltimore Mutual Aid Society

Superior Court of Pennsylvania
Jacobs v. Baltimore Mutual Aid Society, 9 Pa. Super. 99 (1898)
1898 Pa. Super. LEXIS 124
Orlajdv, Porter, Rice, Smith

Jacobs v. Baltimore Mutual Aid Society

Opinion of the Court

Per Curiam,

The question whether or not the plaintiff was “non-beneficial ” at the time his claim for benefits arose was one of fact and was properly submitted to the jury. We have been referred to no clause in the policy which makes the member’s receipt book conclusive evidence of his standing, but conceding that the question was to be determined by the entries therein, the credibility of the witnesses who testified as to the contents of the book which was lost, was for the jury. Moreover the testimony of these witnesses was not uncontradicted. The plaintiff testified that he was not in arrears and that the book did not show that he was. It follows that if the court had withdrawn the case from the jury for the reason stated in the point it would have been manifest error.

Judgment affirmed.

Reference

Full Case Name
Charles Jacobs v. The Baltimore Mutual Aid Society
Cited By
2 cases
Status
Published
Syllabus
Beneficial association — Non-beneficial member — Question of fact. The question whether or not a member of a beneficial society was “ non-beneficial ” at the time his claim for benefits arose, being one of fact, it was proper to submit it to the jury.