Geisser v. Diligent Council No. 4

Citations

• 77 Pa. Super. 455
• 1921 Pa. Super. LEXIS 292

Syllabus

<p>Beneficial societies — Dues—Arrears—Notice from society — Necessity of notice — By-laws.</p> <p>Where the by-laws of a beneficial society provided that a member who was in arrears for dues for a period of 13 weeks should not be entitled to benefits, provided that notice of such arrears must be mailed to the member not less than two weeks previous to the ending of the current quarter, the fact that a member was in arrears does not forfeit benefits, where the notice, as required by the bylaws, was not given.</p> <p>In order to deprive a member of his good standing and disqualify his beneficiary from receiving benefits, under the by-laws, the failure to pay dues and the mailing of notice by the council at least two weeks before the ending of the current quarter were both required, and the burden of proving that the notice was so mailed was upon the council. Where there was no evidence that such notice had been given, the beneficiary was entitled to receive the benefits.</p>