55 Pa. Super. 421 | Pa. Super. Ct. | 1913
Opinion by
Plaintiff’s action is based on a benefit certificate issued by the defendant- on the life of John B. Mathers in favor of the plaintiff, who was his wife. The defendant is a fraternal, beneficial association having a general organization known as the Supreme Circle, and subordinate organizations known as local circles, having a membership in the place in which the subordinate body is located. The beneficial certificates to the members of the organization were issued by the Supreme Circle. The certificate issued to John B. Mathers was in its general form the same as that issued to each member of the organization and contained the provision that the payment of seventy-two cents should be made thereon at the beginning of each month after the receipt of the certificate, such payment to be made within fifteen days after becoming due, and in case such payment is not made before the expiration of such fifteen days this benefit certificate shall become null and void (and may not be thereafter revived except upon the filling out and acceptance of the supreme accountant of a reinstatement blank furnished by the Supreme Circle), in consideration of which payments the defendant promised to pay to plaintiff or the legal representatives of John B. Mathers, the sum of $1,000, “Provided always that said member shall be in good standing in this order at the time of death.” The plaintiff and her husband were members of Circle No. 22, of Butler, Pennsylvania. John A. Mathers died on September 19? 1911, The defense to the aption TW that