Ellis v. Alta Friendly Society

Citations

• 16 Pa. Super. 607
• 1901 Pa. Super. LEXIS 116

Syllabus

<p>Beneficial societies — Exclusion from membership — Remedies—Action— Trespass.</p> <p>Where a person has been wrongfully excluded from membership in a beneficial association, he has an election of remedies: either to institute a proceeding to have his certificate of membership adjudged in force, or to tender the dues each month and when benefits become payable sue for the same, or to sue at once for damages sustained by reason of the defendant’s wrongful act; or, if no benefits had been received, to treat the contract as rescinded, and to sue to recover back the money paid under it.</p> <p>Appeals — Form of action — Demurrer.</p> <p>Where a demurrer to a statement in trespass relates only to certain alleged defects in the statement, neither of which is fatal, and no reference is made to the form of action, the appellate court after a trial on the merits will not reverse for an error in the form of action.</p> <p>Beneficial associations — Exclusion from membership — Delay in payment of dues.</p> <p>In policies of life insurance time is material, and this is equally true of stipulations for prompt payment of dues and assessments by members of beneficial associations.</p> <p>In an action of trespass to recover damages for an alleged wrongful exclusion from membership in a beneficial association, plaintiff is not entitled to recover where it appeal's that the dues of the association were payable at the latest on the fifteenth of the month, or if the collector failed to call, immediately thereafter, and the plaintiff testifies that she was absent from home when the collector called for her dues which were payable on the twelfth of the month; that he left his card with an oral message that he would call again; that a week or ten days’ later she mailed to him a postal card requesting him to call, and that about thirty days after the dues were payable she went to the society’s oflice and tendered payment, which was refused.</p> <p>In such a case it is error to admit state