Gottselig v. Cigarmakers International Union

Citations

• 76 Pa. Super. 273
• 1921 Pa. Super. LEXIS 133

Syllabus

<p>Beneficial societies — Unincorporated associations — Actions against — Assumpsit—Bill in equity.</p> <p>An action of assumpsit will not lie against an unincorporated beneficial association, where the plaintiff’s decedent had been a member of the society for thirty years, although the constitution provided for death benefits to its members, but no policy or certificate of insurance had been issued. Having based her right to recover solely upon the fact that her husband was a member of the association at the time of his death, assumpsit was not the correct way to enforce her claim. The proper method of suing such an association was to institute a suit in equity against some of the members, as representing themselves and all others having the same interest and, after judgment, to compel the defendants to see that the treasury of the association pay the claim.</p>