Incorp. of National etc. Endowment Co.

Citations

• 142 Pa. 450
• 21 A. 879
• 1891 Pa. LEXIS 758

Syllabus

<p>[To be reported.]</p> <p>1. Though, when the Court oí Common Pleas, in the exercise of powers conferred upon it by the act of April 29, 1874, P. L. 73, and its supplements, has granted a certificate of incorporation to an association within the purview of those acts, the charter may be annulled only bv means of a writ of quo warranto;</p> <p>2. Tot, a charter of incorporation, the granting of which is not authorized by any act of assembly, is absolutely void and confers no rights. Wherefore, an order of the court giving such a charter an apparent validity may be revoked, even after business lias been commenced thereunder.</p> <p>(re) The constitution of an association provided that, its funds, derived solely from stated payments made by its members, should be applied, first, to the payment of expenses and sick and aceident benefits to members, and, second, to the retirement of membership certificates.</p> <p>(6) Whenever there should be in the treasury $200 not appropriated to expenses or benefits, the lowest numbered certificate was to be retired by the payment of that sum to the member, (or, in case of his death, to a designated beneficiary,) the holder being required thereupon to take out a new certificate:</p> <p>3. The association was not a beneficial association, within the meaning of paragraph ix., § 2, act of April 29, 1874, P. L. 74, and that act and its supplements confer no power upon the courts of Common Pleas to grant certificates of incorporation to such associations.</p>