Tkatch v. Knights & Ladies of Security

Citations

• 264 Pa. 578
• 107 A. 890
• 1919 Pa. LEXIS 700

Syllabus

<p>Evidence — Burden of proof — Action on death benefit certificate — Pleading — Statement of claim.</p> <p>1. In an action upon a death benefit certificate issued by a beneficial society, the allegation in the statement of claim that all conditions of the contract had been fulfilled by the assured, feven when denied by the answer, does not impose upon the plaintiff the burden of proving that the assured had paid all dues and assessments chargeable against him up to the time of his death.</p> <p>Evidence — Laws of beneficial society — Proof—Expert testimony.</p> <p>2. The constitution and by-laws of a beneficial society cannot be proved and identified by expert testimony of a witness because of his familiarity with them or with the practice of the organization.</p>