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· 7/14/1920

Bachman v. Rhoades

Citations

  • 74 Pa. Super. 281
  • 1920 Pa. Super. LEXIS 139

Syllabus

<p>Beneficial societies — Beneficiaries — Dependents — Partial support.</p> <p>The by-laws of a cigarmakers’ union provided that if a member failed to designate the person “to whom his death benefit shall be paid” it was payable “to any relatives of the deceased member who at the time of his death were dependent for support in whole or in part upon such deceased member.” Decedent died unmarried leaving to survive him, two aged parents. They filed a bill in equity against the union, an unincorporated beneficial society alleging their Son’s membership, death and other facts entitling them, under the by-laws, to death benefits. The answer denied that the decedent “was aiding to support” his parents and averred that they were not “wholly or partly dependent.” Evidence was submitted that the decedent had paid to his parents certain sum of money for sometime prior to his death, but that for several months immediately preceding his death no money had been received.</p> <p>Held, that the parents were partly dependent upon decedent, and were entitled to death benefits.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “The acts of the wrongdoer are to be construed strictly and ‘the true owner is not to be barred of his right except upon clear proof ”
  • “The acts of the wrongdoer are to be construed strictly and ‘the true owner is not to be barred of his right except upon clear proof ”

Source: CourtListener parenthetical corpus (CC0).

Judges: Head, Henderson, Keller, Linn, Orlady, Porter, Trexler

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.