Baranowski v. Baltimore Mutual Aid Society

Citations

• 3 Pa. Super. 367
• 1897 Pa. Super. LEXIS 24

Syllabus

<p>Beneficial association — Contract—Interpretation—Province of court.</p> <p>A certificate issued by a mutual aid society entitling a member to benefits is a contract between them, and the rights of both parties are to be determined thereunder. The interpretation of the provisions of this certificate is for the court.</p> <p>Contract — Construction of benefit certificate — Waiver.</p> <p>Where a benefit certificate provides for return of premiums and cancelation of certificate in event of sickness within twenty weeks from its date, an acceptance of weekly instalments after proof of sickness works a waiver of such right of cancelation and justifies recovery of sick benefits after the expiration of twenty weeks. Sucli conditions do not work a waiver on the part of the beneficiary.</p>