Petition of Liberty Bell Lodge

Citations

• 231 Pa. 112
• 80 A. 532
• 1911 Pa. LEXIS 801

Syllabus

<p>Corporations — Charters of first class — Beneficial and protective organizations — Amendments to charter — Change of name — Subordinate lodges— Act of May 8, 1899, P. L. 160.</p> <p>1. A petition for an amendment of the charter of a beneficial and protective organization by having its name changed must be refused where it appears that prior to its incorporation the society had existed as an unincorporated body for a period of several years subject to the laws, rules and regulations of a certain fraternal organization, that after its incorporation some controversy arose between it and the supreme lodge of the order, that some of its members and officers were endeavoring to transfer whatever corporate rights and franchises it possessed as a subordinate lodge to another fraternal organization by merely making application to the court for a change of name and that the petition presented in court asking for the amendment was signed by the officers and was under the seal of a subordinate lodge of such other fraternal organization.</p> <p>2. When application is made to alter or amend the charter of a corporation it must appear that it is the act of the corporation in its corporate capacity, and not the act of individual members thereof, or of another organization.</p> <p>3. Since the passage of the Act of May 2,1899, P. L. 160, the change of the name of a corporation of the first class is to be treated as an amendment to the charter and the proceedings to accomplish this purpose are the same as if application were made to improve, amend or alter the charter in any other respect, and it is therefore not necessary to serve notice upon the auditor general before filing the petition in court asking that the name of the corporation be changed.</p>