Mulderick v. Grand Lodge of Ancient Order of United Workmen

Supreme Court of Pennsylvania
Mulderick v. Grand Lodge of Ancient Order of United Workmen, 155 Pa. 505 (Pa. 1893)
26 A. 663; 1893 Pa. LEXIS 1279
Dean, McCollum, Mitchell, Thompson, Williams

Mulderick v. Grand Lodge of Ancient Order of United Workmen

Opinion of the Court

Per Curiam,

We do not see any reason disclosed by the facts in this case *507for differing from the learned judge of the court below. When the plaintiffs rested they had shown a valid undertaking by the defendant to pay to the beneficiary named by Mulderick. The name of this beneficiary had been changed, but no reason appears for denying to the one last named the benefit of the contract. The question in the court below was not whether parental affection or obligation should have led the decedent to name his children. If that had been the question it would have been very easy of solution. Unfortunately for the plaintiffs the question is, What did he do in naming the beneficiary ? This is involved in no doubt, and upon the evidence we see no legal reason why the beneficiary was not entitled to receive the money now sued for.

The judgment is affirmed.

Reference

Cited By
3 cases
Status
Published
Syllabus
Beneficial associations—Naming beneficiary. The by-laws of a beneficial association provided that any member holding a beneficiary certificate desiring at any time to make a new direction as to its payment might do so. There was no provision that the beneficiary should be the widow or children of the member, although such provision was subsequently added. A member of the association named as beneficiary a person who was not related to him, and who was not a creditor. The member continued to pay the assessments. Held, that the association was bound to pay the benefits to the beneficiary named.