Hamill v. Supreme Council of the Royal Arcanum

Citations

• 152 Pa. 537
• 25 A. 645
• 1893 Pa. LEXIS 1014

Syllabus

<p>[Marked to be reported.]</p> <p>Beneficial associations — Competency of witness — Act of May 23, 1887.</p> <p>Where a beneficial association has contracted to pay to a wife of a member a certain sum upon the death of her husband, members of the association arc competent witnesses, in an action by the widow for the benefit, to, show that the husband was not in good standing as a member at the time of his death.</p> <p>In such a case the act of May 23, 1887, does not apply because no right of the deceased to the subject in controversy had passed, either by his act or by the act of the law, to the plaintiff. The deceased never had any right to the benefit, which was to be paid exclusively to his wife.</p> <p>Evidence — Parol testimony to supplement minutes.</p> <p>In an action against a beneficial association for a death benefit, the defence being that the deceased member was not in good standing, parol testimony is competent to complete the evidence of the suspension of the deceased, where the minutes showed a motion to suspend, but did not show what action was taken on the motion.</p>