62 Pa. Super. 586 | Pa. Super. Ct. | 1916
Opinion by
The plaintiff’s husband was a member in the defendant association. He became sick on June 6, 1913, and was sick continuoqsly until September 6th following, when he died. This plaintiff, his administratrix, seeks to recover, under a provision in the by-laws, which provides that “on the death of a financial member of this court the sum of one hundred dollars shall be ap
Unfortunately for the plaintiff, her husband was in arrears to the association for fourteen weeks of dues when he became sick on June 6, 1918, and never after that did he become entitled to sick or death benefits. Certain irregular payments were made during his illness, but the by-laws clearly show that his arrearages on June 6th, followed by his continuing illness, prevented him from becoming beneficial during his sickness while he was indebted over the amount of three months’ dues, and the payments that were made did not bring his case within the exception, as noted in Section 91. These facts are undisputed, and their effect is to be determined by the court, and not by a jury: Phillips v. Balt. Mut. Aid Society, 6 Pa. Superior Ct. 157; Young v. Æolian Council, 59 Pa. Superior Ct. 174.
The court below found, under admitted facts, as a conclusion of law, that the decedent was not, during his lifetime, entitled to receive sick benefits, and the reasoning as to that phase of the case applies with equal force to the one now presented. The decedent was ad
The decree is reversed, and is now entered for the defendant.