Duffy v. Alta Friendly Society

Citations

• 17 Pa. Super. 531
• 1901 Pa. Super. LEXIS 351

Syllabus

<p>Beneficial associations — Forfeiture of membership — Reinstatement— Fraud.</p> <p>A certificate of membership in a beneficial association stipulated that all dues should be paid promptly when due, otherwise the certificate should be void. The by-laws which by the certificate were made a part of the contract of membership also provided that the dues should be paid promptly, and if not paid to a collector, should be paid at the office of the association within three days from the day they should become due. The by-laws also provided that a member might be reinstated by paying all arrearages, if at the time of the payment he were “ in good health and free from all ailments and complaints.” The dues of a member which became due on the 15th of a month were not paid until the 27th of the month. The evidence showed that on the 22d a member was confined to his house, that on the 25th he was visited by a physician, that on the same day he made application for sick Benefits, and that on the 27th he signed a certificate in the presence of the beneficiary to the effect that he was free from all ailments or complaints, and that he had not consulted or been prescribed for by any physician within the preceding thirty days. He died about six weeks afterwards as a result of the illness which started on the 22d. Held, that the acceptance of the dues on the 27th did ' not serve to reinstate the member.</p>