Bane v. William Windom Council

Citations

• 48 Pa. Super. 449
• 1912 Pa. Super. LEXIS 389

Syllabus

<p>Beneficial associations — By-laws—Death benefits — Delinquent dues— Evidence.</p> <p>1. The by-laws of a beneficial association provided that a member who was thirteen weeks in arrears for weekly dues, should not be entitled to sick benefits during illness nor funeral benefits in case of death. It was also provided that the association should “keep all members drawing benefits in good standing during their illness or disability by deducting from time to time from such benefits a sufficient amount for that purpose.” It was also provided that after the first week’s sickness a member should have sick benefits for thirteen weeks at the rate of $5.00 a week, and for the second thirteen weeks, $3.00 a week, and $2.00 a week thereafter. Death benefits were fixed at $250. A member became ill at a time when he was in good standing. After the expiration of thirteen weeks from the date when his illness began his brother paid all the dues then in arrears, and continued to pay them until the member died. Held, (1) that as the illness of the member began at a time when the member was not thirteen weeks in arrears, it was the duty of the association to deduct the dues from the weekly sick benefits which were always sufficient in amount; (2) that the member never was in default in the payment of dues, whether they were deducted from his sick benefits or paid by his brother; and (3) that the next of kin of the member were entitled to death benefits.</p> <p>2. In such a case a letter of the member to the association asking for a donation, and stating that he was debarred from receiving sick benefits, was immaterial.</p> <p>Evidence — Witness—Opinion of witness.</p> <p>3. Where a witness has testified as to what a person had said, the opinion of the witness as to what was meant by the language used is immaterial. It is for the jury under the direction of the court, to draw their conclusion as to what is the meaning-of the words.</p>