Hascsak v. Leseinsky

Citations

• 39 Pa. Super. 642
• 1909 Pa. Super. LEXIS 548

Syllabus

<p>Actions — Joint and several liability — Beneficial associations.</p> <p>1. Whenever an obligation is undertaken by two or more, or a right given to two or more, it is the general presumption of law that it is a joint obligation or right. Words of joinder are not necessary for-the purpose, but, on the other hand, there should be words of severance in order to produce a several responsibility or a several right. Whether the liability incurred is joint or several, or such that it is either joint or several at the election of the other controlling party, depends upon the terms of the contract, if they are express.</p> <p>2. Where three officers of a beneficial society make out a check to their own individual order for death benefits due the wife of a deceased member, and all three indorse it, and two collect the proceeds and never pay them to the beneficiary, the third indorser is liable for the amount of the check to the beneficiary.</p>