Pister v. Keystone Mutual Benefit Ass'n

Citations

• 3 Pa. Super. 50
• 1896 Pa. Super. LEXIS 104

Syllabus

<p>Evidence of court and jury — Misleading charge.</p> <p>Where the language of the charge was contradictory and misleading the ease will be sent back for another trial.</p> <p>Insurance — Forfeiture by reason of default in paying assessments.</p> <p>Where a forfeiture has inured under the terms of a policy of insurance by reason of nonpayment of an assessment due and demanded, the facts that the insured was also an employee of the defendant at the time of his death and that, at the time of the default, a fraction of a month had elapsed at the end of which a monthly salary would be due, do not warrant a submission to the jury of the question whether the defendant was at the time of the default indebted to plaintiff under instructions that if it be so found the plaintiff would be entitled to recover.</p> <p>Insurance — Master and servant — Appropriation of wages.</p> <p>If a sum of money be due to an employee of an insurance company as wages the company has no duty to apply such wages to the payment of an assessment due and demanded by and from such employee who was also insured in the company. There could be no duty unless there was a right to so appropriate.</p>