Challenge Yearly Beneficial Ass'n v. Weis

Citations

• 52 Pa. Super. 262
• 1912 Pa. Super. LEXIS 160

Syllabus

<p>Principal and surely—Duration of liability—Beneficial association— Unincorporated association—Treasurer—Judgment—Opening judgment.</p> <p>1. Where the bond oij the treasurer of an unincorporated beneficial association recites that the principal in the bond has been elected treasurer for a term stated, and the bond binds the sureties for the conduct of the treasurer for the term stated “and for and during any one or more subsequent terms for which he 'may hereafter be elected,” the sureties on the bond are liable by the plain terms of the bond for the defaults of the treasurer so long as he continues to act as treasurer of the association.</p> <p>2. Where a judgment is entered in the name of an unincorporated beneficial association on a confession of judgment in a bond of the treasurer of the association, the appellate court will not reverse an order of the court of common pleas, discharging a rule to open the judgment on the ground that the judgment should have been stricken off because it had not been entered in the name of one or more members of the association for the benefit of all, where no such motion was made in the court below.</p>