Oster v. Brotherhood of Locomotive Firemen & Enginemen

Citations

• 271 Pa. 419
• 114 A. 377
• 1921 Pa. LEXIS 521

Syllabus

<p>Practice, G. P. — Assumpsit—Parties—Unincorporated beneficial association — Remedy by bill in equity — Equity.</p> <p>1. An action of assumpsit cannot be brought against an unincorporated beneficial association, inasmuch as there is no such entity known to the law.</p> <p>2. The proper remedy to recover death benefits from an unincorporated beneficial association is by bill in equity against some of the members as representing themselves and all others having the same interest.</p> <p>3. If the plaintiff in such proceeding obtains a decree the chancellor may be moved to compel defendants to see that the treasury of the association pays the claim.</p>