Lockney v. Police Beneficiary Ass'n

Citations

• 217 Pa. 568
• 66 A. 844
• 1907 Pa. LEXIS 761

Syllabus

<p>Beneficial associations — Forfeiture of membership — Notice of assessments — Police beneficiary association — Custom.</p> <p>The by-laws of a police beneficiary association provided that assessments should be paid by members of the police force who were members of the association, on the second Monday of the month; while ex-members of the police force who were members of the association should pay within thirty days after notice. Notice of the assessment was read over the desk at the station house to all the policemen, and a copy of the same was posted on the bulletin board in the station house. It did not appear that there was any provision of the by-laws as to the kind of notice to be given to an ex-member. There was evidence tending to show that for a number of years the posting of the notice on the bulletin board was the customary and usual method of informing ex-members that an assessment had been levied. An ex-member was expelled for the nonpayment of an assessment. He subsequently died, and his widow brought suit for death benefits. Held, (1) that the question as to whether a custom as to notice had been established was for the jury; (2) that the question whether the notice given was sufficient was for the jury; and (3) that a verdict and judgment for plaintiff should be sustained.</p> <p>In order to establish the validity of a custom or usage it must have existed so long as to have become generally known, and it must be clearly and distinctly proved.</p>