Klein v. Rand

Citations

• 35 Pa. Super. 263
• 1908 Pa. Super. LEXIS 22

Syllabus

<p>Practice, C. P. — Parties—Unincorporated associations.</p> <p>In the case of unincorporated associations, having a large membership, actions may be brought by some of the members in their own names in behalf of all. This modification of the usual requirement as to necessary parties is an equitable exception suggested by convenience. Where the number of members is very large it would be, if not impracticable, very inconvenient and certainly unnecessary to include all their names as parties when the right of action exists in the association and when individuals are named who may be made liable for costs. Where the action is brought for all the parties in interest the requirement of the law is met by the use of some of the individuals composing the organization.</p> <p>Where an unincorporated association is composed of about 160 members, an action may be brought in its name by its president, secretary and three other members. In such a case a resolution of the association requiring the members appointed to conduct the suit to give security, is a matter with which the defendant has no concern. The court will assume in the absence of objection by other members that security has been entered.</p> <p>Statute of frauds — Promise to pay debt of another — Pecuniary interest of promisor.</p> <p>The statute of frauds does not apply where the promisor has a present pecuniary and personal interest in a transaction in which a third party was the original obligor.</p> <p>Where the creditor of an insolvent promises another creditor of the insolvent to pay the debt of the insolvent to him, the promise is not within the statute of frauds, and need not be in writing.</p>