Passenger Conductors' Life Ins. v. Birnbaum

Citations

• 116 Pa. 565
• 11 A. 378
• 1887 Pa. LEXIS 425

Syllabus

<p>1. The right of B., a member of a mutual association, to its death benefits, was dependent upon his payment, within a limited time after notice, of assessments made by the secretary'after approval by the board of directors of the proofs of a member’s death. The board of directors received notice of the death of S., another member, but not the required proofs. A resolution was passed that when the proofs should arrive and be approved by the chairman of the board, the secretary should make the assessment and send notices — the usual mode when proofs had not come to hand. The proofs of the death of S. were received, approved by the chairman, an assessment made, and notieb sent to B. B. neglected to pay within the required time, and was marked delinquent. Subsequently B. died without having paid the assessment. In an action by B.’s widow to recover from the association the sum claimed to be payable on the death of B., Held, that the assessment and notice were valid, and that as B. was in default his widow could not recover.</p> <p>2. After a trial upon the merits, a judgment will not be reversed for a variance between the averments of the declaration and the proofs, where the objection was not made in the court below.</p>