Commonwealth v. Equitable Beneficial Ass'n

Citations

• 137 Pa. 412
• 18 A. 1112
• 1890 Pa. LEXIS 982

Syllabus

<p>1. A contract of insurance is purely a business adventure, not founded on any philanthropic, benevolent or charitable principle; and the design and purpose of an insurance company, and the dominant and characteristic feature of its contract, is the granting of an indemnity, or security against loss, for a stipulated consideration.</p> <p>2.But thedesign of what are known as benevolent societies, which are purely of a philanthropic or benevolent character, is, not to indemnify, or secure against loss, but, from the contributions of members, to accumulate a fund to be used in their own aid or relief, in the misfortunes of sickness, injury or death.</p> <p>(«) An association, incorporated as a beneficial society under the act of April 29, 1874, P. L. 73, being called upon by quo warranto to show by what authority it exercised the franchise of making insurance contracts, the issue, joined upon a plea denying such exercise, was tried without a jury under the act of April 22, 1874, P. L. 109 :</p> <p>3. The decision of the court, in such ease, not stating separately and distinctly the findings of fact from which the conclusion that the defendant had engaged in the making of insurance contracts was drawn, as required by § 2 of said act of 1874, but referring to the facts found in another and like cause, the judgment of ouster entered was reversed.</p>