Jennings v. Grand Fraternity

Citations

• 67 Pa. Super. 139
• 1917 Pa. Super. LEXIS 359

Syllabus

<p>Beneficial associations — By-laws—Beneficiary.</p> <p>Where one article of the by-laws of a beneficial association provides that “no beneficiary shall have a vested interest in the benefit certificate until the same has matured by reason of the death of the member,” and another article provides that if the single cash payment has been specified in the certificate, the said sum shall be paid to the beneficiary or her executors or administrators,” and it appears that a daughter of a member named as beneficiary died before the member, her administrator may maintain a suit against the association for the benefit. In such a case it cannot be argued that the suit could not be maintained because the beneficiary died before the member.</p> <p>Beneficial associations — Suspension of member — Cancellation of certificate — Failure to specify charges — Demand for reinstatement —Tender of dues — Proofs of death — Waiver.</p> <p>Where a member of a beneficial association has been suspended, and his certificate cancelled without any charges having been preferred against him, or any trial as provided by the constitution of the association, the association cannot, in a suit against it for death benefits, defend on the ground that the deceased had not demanded reinstatement, there being no provision in the constitution expressly requiring such action on his part.</p> <p>In such a case if the deceased made a tender of his dues after the suspension, which tender was refused by the collector and president of the association, he was not required to make further tenders.</p> <p>Where a beneficial association has denied all liability on a certificate for death benefits, it cannot in a suit against it for such benefits, defend on the ground that no proofs of death had been furnished. In such a ease the association will be deemed to have waived the furnishing of proofs of death.</p>