Sherry v. Plasterers' Union

Citations

• 139 Pa. 470
• 20 A. 1062
• 1891 Pa. LEXIS 1014

Syllabus

<p>(a) The constitution of an incorporated beneficial society provided that a member should be entitled to $100 for funeral expenses, “provided, that he has been a member six months, and not more than three months’ dues in arrears at the time of his death,” the money to be paid to his nearest relative.</p> <p>(b) A by-law provided: “ Any member becoming three months in arrears shall not be entitled to benefits, until eight weeks have expired from the time they settle up in full.” A member, in arrears for dues for'May, June and July, died on August 1st, the dues for August being payable on August 2d:</p> <p>1. On August 1st, the date of the member’s death, there were not more than three months’ dues in arrears; and, conceding that the by-law quoted was in conflict with the provision of the constitution, the former must yield to the latter, the constitution' being the fundamental law of the corporation.</p> <p>2. The statement of claim, averring that the plaintiffs were the father and mother and nearest relatives of the deceased member, presented a prima facie case; and, in the absence of an averment in the affidavit of defence that the member left a widow, child, or children, it was sufficient for /judgment.</p>