256 Pa. 381 | Pa. | 1917
Opinion by
The action was brought to recover on a benefit certificate issued by the Royal Neighbors, a fraternal beneficial association, to one Peter Nydes, in the sum of two thousand dollars, in which Bessie Nydes, wife of said Peter, was named as the beneficiary. It was defended against on the ground that in his application for membership in the association the insured had made material misrepresentations and concealments as to his physical health, the medical history of himself and his parentál kin, and his own personal habits as well. It is not necessary to recite the various provisions in the application for membership, in the laws of the association, and the admissions and waivers contained in the medical examination, on which defendant relied to escape liability. It is sufficient to say that once the material misrepresentations and concealments complained of were established at law recovery on the policy was thereby made impossible. At the conclusion of the evidence defendant moved for binding instructions. This motion was declined and exceptions to the ruling granted. In a charge to which no exception was taken the court submitted the case to the jury, and upon a verdict being returned for the plaintiff for the amount of the policy, a motion for judgment non obstante followed. Upon the refusal of this motion the
The refusal of the court to usurp the jury’s prerogative in this case — for it would have come to this had the court either given binding instructions or entered judgment non obstante — being the only matter here complained of, and the court’s action in that regard being free from error, nothing is left us but to affirm the judgment, and it is now so ordered.