Sporrer v. German Roman Catholic Knights of St. George

Citations

• 70 Pa. Super. 612
• 1918 Pa. Super. LEXIS 308

Syllabus

<p>Beneficial associations — Forfeiture of membership — Set-off of sich benefits due against premiums for death benefits.</p> <p>The policy of the law is against a forfeiture of rights where there is a substantial equity in favor of the party against whom the forfeiture is declared,</p> <p>Where a beneficial society has in its possession funds due to a member for sick benefits sufficient to pay premiums for death benefits accruing up to the date of the death of the member, the association may, and it is its duty, unless otherwise directed by the bylaws to appropriate such funds to the payment of the premiums. Forfeiture for failure to pay the premiums cannot be enforced under such circumstances.</p> <p>This rule is especially applicable where the secretary of an association, who under the by-laws was authorized to receive dues on account of death benefit insurance and sick benefit insurance, agreed that he would use the money due on account of sick benefits for the payment of the dues on the death benefit insurance.</p>