Menovsky v. Menovsky

Superior Court of Pennsylvania
Menovsky v. Menovsky, 19 Pa. Super. 427 (1902)
1902 Pa. Super. LEXIS 121
Beaver, Bice, Lad, Porter

Menovsky v. Menovsky

Opinion of the Court

Per Curiam,

The able arguments of the defendant’s counsel have failed to convince us that the court erred in the instructions given to the jury or in entering judgment on the verdict. Our conclusions are, that the designation of a brother as beneficiary is not prohibited by the act of 1893; that neither the constitution nor the by-laws of the association contains prohibitory restrictive language clearly excluding from the powers of the corporation the right to contract with the member for the payment of benefits to the beneficiary named in this case; and that such contract cannot be held void by reason of any necessary implication from the language of the charter. The reasons given and authorities cited by the learned trial judge in his *434opinion filed in overruling the motion for judgment non obstante veredicto fully sustain the foregoing conclusions, and further discussion by us is unnecessary.

Judgment affirmed.

Reference

Cited By
2 cases
Status
Published
Syllabus
Beneficial associations — Appointment of beneficiary — Brother. Where the by-laws of a beneficial association state that the purpose of the association is “to assist the families of the deceased by paying them the death benefits,” and gives to every member “ the right to leave his death benefit to whomsoever he desires,” a member may appoint his brother, and the brother will be entitled to the death benefit, although the member may leave to survive him a wife and children. The designation of the brother is not prohibited by section 1 of the Act of April 6,1893, P. L. 7, which restricts the choice to “ the families, heirs, blood relatives, affianced husband or affianced wife of or to persons dependent upon the member.”