Stidle v. Twin City Council, No. 121

Citations

• 8 Pa. Super. 178
• 1898 Pa. Super. LEXIS 34

Syllabus

<p>Beneficial associations — Death benefits — Member's default — Question for jury.</p> <p>Failure of a member to pay funeral assessments is not to be made the basis of a forfeiture in the absence of notice brought home to the member. Payment by a member of a sum of money in excess of liabilities to the association is to be credited to dues, and cannot be applied to death benefit assessments of which he had no notice so as to place him in arrears for his weekly dues.</p> <p>The question of notice is one for the jury on the evidence submitted, the burden of proof being upon the association.</p> <p>Action — Parties—Suit for death benefits.</p> <p>A suit for death benefits having been brought in dual capacity of widow and administratrix of deceased, a verdict will not be disturbed if it be sustainable upon plaintiff’s rights in either capacity, the defendant not having called upon plaintiff to elect in which capacity she claimed.</p>