White Haven Council v. Wharen

Citations

• 69 Pa. Super. 439
• 1918 Pa. Super. LEXIS 415

Syllabus

<p>Practice, C. P. — Affidavit of defense — Beneficial association— Financial secretary — Failure to pay over money — Theft of money from secretary.</p> <p>In an action by a beneficial association against its financial secretary to recover moneys collected by the defendant at various meetings between August 19th. and September 16th, and not paid over by him to the treasurer as required by the by-laws, an affidavit of defense is insufficient which admits the collections of these amounts and avers that “on or about” September 16th, the office of the defendant was broken into, and the money for which suit was brought, was unlawfully stolen without the knowledge or consent of the defendant,, and that the treasurer was not at the meetings when the money was collected, and that the defendant had no opportunity to pay over said money to the treasurer.</p>