Beeman v. Supreme Lodge

Citations

• 215 Pa. 627
• 64 A. 792
• 1906 Pa. LEXIS 862

Syllabus

<p>Evidence — Presumption—Mailing of letter — Receipt of letter.</p> <p>The presumption that a letter mailed in the morning and addressed to a person in the same city, will be delivered on the same day, is overcome by the evidence of the person addressed that he did not receive the letter on that day, supported by testimony of the letter carrier that the letter by its postmark showed that it was not received at the post office until three hours after the last delivery, and that in the usual course of mail it would not be delivered until the following morning.</p> <p>Beneficial associations — Payment of dues — Payment by mail — Forfeiture of membership.</p> <p>Where the by-laws of a beneficial association provide that “each member shall pay the amount according to age, as per table, and any member failing to pay same before the last meeting night of each month shall stand suspended from the order and all benefits therefrom,” payment by- cash mailed on the last day of the month, but not received by the association until the following day, is not a payment within the meaning of the by-law, and failure to make the payment within the time prescribed works a suspension of the member without any action, on the part of the association.</p> <p>Beneficial associations — Forfeiture of membership — By-laws—Remedy.</p> <p>Where the by-laws of a beneficial association provide that, in case of-' a dispute about suspension or expulsion, no suit shall be brought against the association until “the remedies and means of redress” provided by the association shall be exhausted, a beneficiary cannot maintain a suit against the association, where it appears that neither the member nor the beneficiary sought in any way to avail himself of the remedies- and means of redress provided by the association. Such by-laws are binding upon the association and its members.</p>