Myers v. Alta Friendly Society

Citations

• 29 Pa. Super. 492
• 1905 Pa. Super. LEXIS 364

Syllabus

<p>Beneficial associations — By-laws—Certificate of illness — Physician’s certificate.</p> <p>Where the by-laws of a beneficial association provide that a member demanding sick benefits shall first present his own certificate, and a certificate from the attending physician, setting forth the date, cause and character of the sickness, and if the sickness continues, he shall at the 'end of every week furnish the attending physician’s certificate, such certificates must be furnished as a condition of receiving sick benefits; but it is not necessary if the member is in a feeble condition that he make out and sign his own certificate. This may be done for him by his physician, his nurse, or any member of his family.</p> <p>The by-laws of a mutual beneficial association must, in the very nature of the ease, govern among its members. To those who have associated themselves together, these by-laws are the law by which they are to be governed. They necessarily assent thereto in becoming members. If the by-laws are, in the judgment of any one seeking to become a member, unreasonable and under any conditions impossible of compliance therewith, he has the remedy in his own hands by refusing.to become bound thereby.</p> <p>The provisions in the by-laws of a beneficial association for the furnishing of a weekly certificate from the attending physician of a member’s sickness is a reasonable provision, and will be enforced by the courts.</p> <p>Where a beneficial association defends a suit against it for sick benefits on the ground that the member had not furnished the association his own and a physician’s certificate as required by the by-laws, and it appears that the member had furnished the certificates in time for one week’s benefits, but not in time for the subsequent weeks for which he claimed, and it also appears that no tender of money for the one week was made to the member, plaintiff is entitled to recover for one week’s benefits, and also for costs.</p>