Shannon v. Knights of the Macabees

Citations

• 54 Pa. Super. 634
• 1913 Pa. Super. LEXIS 117

Syllabus

<p>Appeals — Reducing charge to writing — Certificate—Act of May 11, 1911, P. L. m.</p> <p>1. Where it appears from the record of a trial that the stenographer wrote out a full copy of the record and certified the same as being a correct transcript of his notes and this is approved and directed to be filed by the judge over his own signature, it is immaterial that the record does not show that appellant’s counsel in terms before verdict requested that the charge be reduced to writing, and filed of record.</p> <p>Beneficial association — Death benefits — Misstatements in application.</p> <p>2. In an action against a beneficial association to recover benefits on the life of a deceased member, the court should give binding instructions for defendant where it appears that the deceased in his application for membership stated that one of his brothers had died of “influenza,” and the other from “foot ball,” and it appeared without contradiction both in the evidence and proofs of death that both brothers died of pulmonary tuberculosis and that the deceased himself had died from the same disease.</p>