266 Pa. 57 | Pa. | 1920
Opinion by
This action, by the children of a deceased member of defendant beneficial association is to recover death benefits. The defense set up is that, by reason of having failed to pay dues for the month preceding that in which he died, deceased was not a member of the association in good standing at the time of his death. The court below submitted to the jury the question whether the dues for that month, August, were in fact paid, instructing them that the burden was on defendant to prove deceased was not entitled to receive benefits at the time of his death. The jury returned a verdict for plaintiffs on which judgment was entered and from which defendant appealed.
On September 16,1915, deceased visited his daughter and placed in her hands sufficient money to pay his dues in defendant association. While returning home from his daughter’s house he met with accidental death by drowning and, on the following day, the daughter, before' having heard of her father’s death, paid the monthly beneficiary assessment to the secretary of the associa
The court below was correct in charging the burden of showing deceased was not a member in good standing, at the time of his death, rested on defendant: Crumpton’s
The judgment is affirmed.