Wolfe v. Limestone Council No. 373

Citations

• 233 Pa. 357
• 82 A. 499
• 1912 Pa. LEXIS 831

Syllabus

<p>Beneficial associations — Suits against — Equity—Unincorporated association — Parties.</p> <p>1. The proper method of suing an unincorporated beneficial association is to institute a suit in equity against some of the members as representing themselves and all others having the same interest, and after judgment, to compel the defendants to see that the treasury of the association pays the claim.</p> <p>2. Under the Act of April 28, 1876, P. L. 53, “relieving members of beneficial societies from individual liability for lodge indebtedness,” and providing that “members shall not be individually liable for the payment of periodical or funeral benefits, or other liabilities of the association, and the same shall be payable out of the treasury,” the words “other liabilities” mean all liabilities properly chargeable to the treasury of the society and contemplate obligations in addition to funeral expenses or death benefits.</p> <p>3. Where a suit is brought to protect property rights of a beneficial association, and the legal estate in the property taken or injured is vested by the laws of the association in trustees whose duty it is not only to hold the title, but take charge of the property, the suit should be brought in the name of such trustees.</p> <p>4. The revocation of a charter of a subordinate body of a beneficial association by the supreme body does not have the effect of vesting in the supreme body the property of the subordinate body, and if the supreme body, after the revocation, reissues the charter to certain of the members only of the subordinate body, it does not give them any ■ right of possession of the property peculiar to themselves and apart from the other members of the subordinate body.</p>