Suckling v. Most Excellent Assembly of Artisans' Order of Mutual Protection

Citations

• 35 Pa. Super. 199
• 1908 Pa. Super. LEXIS 12

Syllabus

<p>Beneficial associations — Death benefits — Compliance with constitution and by-laws — Amendment of constitution and by-laws.</p> <p>A certificate of a beneficial association provided for the payment of $2,000 to the legal heirs of a member, named, “provided always nevertheless, that before his death he shall have fully complied with the charter, constitution, rules, by-laws and regulations of the order.” The original constitution provided for a payment of a death benefit of $2,000. Shortly after the date of the certificate, the constitution was so changed that thereafter the death benefits paid were only $1,000 to the heirs of a member. The member did not surrender his certificate, but continued to pay the same charges as theretofore, which were the same as were being paid by the other members, who were, under that amendment, entitled to only $1,000 death benefits. He never after the amendment paid the premiums which were required to place him in the rank of members who were entitled to receive $2,000 benefits. Held, that as the member’s certificate, which evidenced his contract, had incorporated in it “ the constitution, rules, by-laws and regulations of the order,” a lawful change in the constitution or by-laws worked a corresponding change in the contract binding on the member: Hale v. Equitable Aid Union, 168 Pa. 377; Hayes v. German Beneficial Union, ante, p. 142, distinguished; Chambers v. Knights of Maccabees, 200 Pa. 244, followed.</p>