Cavanna v. Tri-State Coöperative Ass'n

Citations

• 77 Pa. Super. 358
• 1921 Pa. Super. LEXIS 271

Syllabus

<p>Corporations — Cooperative associations — Purchases — Credit— Disability — Notice.</p> <p>Although cooperative associations, organized under the Act of June 7, 1887, P. L. 365, cannot purchase for credit, and the act provides that credit extended such an association shall be forfeited, the disability cannot be set up by an association to defeat the just claim of one of its creditors, who has had no notice thereof.</p> <p>Words and phrases — “that” construed to mean “if only” “so long as,” “provided” — Act of June 7,1887, P. L. 865.</p> <p>The word “that” preceding the words “a notice to such effect” carries with it the proviso and introduces a qualification of the preceding part of the expressed proviso. It should be construed to mean “if only,” “so long as,” “provided.” So read, the forfeiture of credit under the Act of June 7, 1887, P. L. 365, becomes operative to the benefit of only such associations organized under the act as publish notice of their disability, and the resulting forfeiture as directed by the act.</p>