Nydes v. Royal Neighbors of America

Citations

• 256 Pa. 381
• 100 A. 944
• 1917 Pa. LEXIS 621

Syllabus

<p>Beneficial associations — Membership application — Physical condition — Misrepresentations —Death benefit — Uncontradicted oral evidence — Case for jury■ — ■New trials — Practice, Supreme Qourt.</p> <p>1. Where a case depends on oral testimony, although unContradicted, such testimony must be submitted to the jury.</p> <p>2. Where a verdict is against the weight of the evidence a new trial should be awarded; but where no motion for a new trial is made, the Supreme Court will not reverse a judgment entered on'a verdict although inclined to the view that a different result would better accord with the demands of justice.</p> <p>3. In an action against a beneficial association on a death certificate, where the defense was that in the application for membership in the defendant association deceased had made material misrepresentations and concealments as to his physical condition and medical history, and in particular a statement to the effect that he had not consulted a physician in regard to personal ailments within a certain time, the case was for the jury and .a verdict for the plaintiff will be sustained, although there .was uncontradicted testimony of an attending physician that at the very time the insured submitted his application for membership he was and had been for some time a patient receiving treatment for tuberculosis, from which he died shortly thereafter.</p>