Mooney v. Supreme Council of Royal Arcanum
| Decision Date | 05 January 1914 |
| Docket Number | 184,185 |
| Parties | Mooney, Appellant, v. Supreme Council of the Royal Arcanum |
| Court | Pennsylvania Supreme Court |
Argued October 28, 1913
Appeals, Nos. 185 and 184, Oct. T., 1913, by plaintiffs, from decrees of C.P. Allegheny Co., June T., 1911, Nos. 4 and 3 dismissing bills in equity for the reinstatement of a benefit certificate in cases of James Mooney, Mazie Mooney, Margaret Mooney, Ella Mooney, and Anna Mooney v. Supreme Council of the Royal Arcanum, a corporation of the State of Massachusetts and James Mooney, Mazie Mooney, Margaret Mooney, Ella Mooney, Anna Mooney, and Anna Mooney, Executrix of the last will and testament of Ellen Mooney, deceased, v James J. Munn, Grand Master Workman and James R. Kibler, Grand Recorder, representing themselves and all other members of the Grand Lodge of the Jurisdiction of Pennsylvania, Ancient Order United Workman, a beneficial society, organized and doing business in the State of Pennsylvania. Affirmed.
Bill in equity for the reinstatement and revival of a death benefit certificate.
On final hearing SHAFER, J., filed the following findings of fact and conclusions of law:
FINDINGS OF FACT.
1. The Supreme Council of the Royal Arcanum, the defendant, is a beneficial society having subordinate lodges, and John Mooney was a member thereof, holding a benefit certificate for three thousand dollars, a copy of which is printed as Exhibit "A" of the bill.
2. The benefit certificate states that it is issued upon condition that the member complies in the future with the laws and rules now governing the council or that may hereafter be enacted, and that the defendant agrees to pay out of its benefit fund to Ellen Mooney, wife of John Mooney, a sum not exceeding $3,000.00 in accordance with the laws governing the fund, provided the member is in good standing in the order at the time of his death, the certificate being dated March 18, 1885.
3. In November, 1894, John Mooney left his home in Pittsburgh and was absent and unheard of for more than seven years thereafter, during all of which time his monthly dues in the defendant order were paid by his wife, the beneficiary. In March, 1902, upon proceedings begun by Ellen Mooney, letters of administration were ordered by the Orphans' Court of Allegheny County to be issued on the estate of John Mooney; and no payments of monthly dues were made thereafter.
4. Demand was thereupon made by Ellen Mooney of the defendant corporation for the amount of the benefit certificate upon the evidence of the death of John Mooney afforded by his absence and the corporation paid to her Three Thousand Dollars, the amount of the certificate, taking from her a bond in the sum of Thirty-five Hundred Dollars, conditioned for the repayment of the $3,000.00 together with interest and expenses in case it should appear that John Mooney was not in fact dead at the time of the payment, this bond being given and payment made in April, 1903.
5. Ellen Mooney died in September, 1905, and letters testamentary were issued to Anna Mooney, her daughter, who as her administratrix is one of the plaintiff's herein.
6. In February or March, 1906, it became known that John Mooney was still living, a communication having been received from him from New Orleans, to which place his son, James Mooney, one of the plaintiffs, went to see him, but he did not return to Pittsburgh with his son. Some time thereafter it was learned that he was in poor mental and physical condition and one or more of his daughters, plaintiffs herein, went there and remained with him for a time, and he returned to Pittsburgh sometime in May, 1906, where he remained until his death which occurred on July 27, 1906.
7. On June 13, 1906, being some six weeks before the death of John Mooney, the defendant brought a suit against the executrix of Ellen Mooney deceased, on the bond for $3,500.00 alleging a breach of the condition to repay the $3,000.00 and expenses in case John Mooney should prove to have been alive, which was so far proceeded in that judgment was entered against the estate of Ellen Mooney for the amount of the bond, the penalty being less than the amount agreed to be returned.
8. The rules of the order provide that if the beneficiary shall die before the member and the member shall fail to...
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