National Grand Lodge of United States of Loyal Knights v. Watkins

Citations

• 175 Pa. 241
• 34 A. 602
• 1896 Pa. LEXIS 1241

Syllabus

<p>Unincorporated associations — Amendment of constitution — What constitutes.</p> <p>The incorporation of an unincorporated benefit association is an amendment of its constitution, and is not binding on the subordinate lodges unless the provisions of its constitution in regard to amendments thereof are followed.</p> <p>Where an incorporation of a former association is illegal, because the provisions of the constitution are not followed, the incorporated association cannot compel allegiance to it from the subordinate lodges.</p> <p>The constitution of an unincorporated beneficial association provided that any proposed change in the constitution or by-laws should be proposed at one meeting, and put to vote at another meeting. A proposition to procure a charter was made and adopted at the same meeting. The charter itself, when obtained, contained changes which were never proposed at any meeting. The unincorporated association had no fixed place of business and no board of directors. The charter provided a fixed place for the transaction of business and also provided for a board of directors. Held, that the procurement of the charter and the charter itself were invalid changes in the constitution of the association.</p>