Pain v. Sample

Citations

• 158 Pa. 428
• 27 A. 1107
• 1893 Pa. LEXIS 1607

Syllabus

<p>Beneficial associations — Contracts—Parlies—Partners—Act of April 28, 1876.</p> <p>An unincorporated beneficial association through a committee, consisting of defendants, made a contract with plaintiff for a number of performances of a spectacular entertainment, the profits to go to the association. The contract was authorized at a regular meeting of the organization and subsequently ratified at another meeting. It was admitted of record that the contract was entered into by one of defendants “ acting as chairman of a committee ” of the association. There was no Evidence of want of authority in the association to make such a contract. Held: (1) That as the contract was with the association, defendants were not liable to be sued as partners; (2) that defendants were protected by the act of April 28, 1876, P. I>. 53.</p> <p>The act of April 28, 1876, P: L. 53, which provides that members of beneficial associations “ shall not be individually liable for the payment of periodical or funeral benefits or other liabilities of the association, and the same shall be payable out of the treasury,” contemplates all liabilities which are made payable out of the treasury of the association, and not merely those which relate to funeral expenses or death benefits.</p>