Mathers v. Protected Home Circle

Citations

• 55 Pa. Super. 421
• 1913 Pa. Super. LEXIS 388

Syllabus

<p>Beneficial associations — Forfeiture of membership — Waiver—Evidence.</p> <p>In an action against a beneficial association for death benefits, the defense was that the deceased member was in default in the payment of his dues for a particular month, and that during such month and thereafter he had been ill. The plaintiff showed a tender of the dues a few days after the expiration of the time when they were due, and also proved that on another occasion the deceased and other members had paid their dues after the expiration of the month. This proof was met by evidence that the accountant for the inferior lodge of the association to which the deceased belonged was the collector for the supreme lodge, and that she had made returns on other occasions for delinquent members, including the deceased out of her own moneys and at her own risk and had never communicated this fact to the Supreme Lodge. Held, that there was no proof of waiver, and that plaintiff was not entitled to recover.</p>