Hale v. Equitable Aid Union
Decision Date | 20 May 1895 |
Docket Number | 41 |
Citation | 168 Pa. 377,31 A. 1066 |
Parties | Susan Hale v. Equitable Aid Union, Appellant |
Court | Pennsylvania Supreme Court |
Argued May 6, 1895
Appeal, No. 41, Jan. T., 1895, by defendant, from judgment of C.P. Warren Co., Dec. T., 1893, No. 66, on verdict for plaintiff. Affirmed.
Assumpsit on a benefit certificate of a beneficial association. Before NOYES, P.J.
At the trial it appeared that in 1881 plaintiff became a member of the defendant association, and took a benefit certificate which set forth that there "shall be paid to Levi Hale and Thomas Hale, subject to change at pleasure, $1,800, in the event of the death of Susan Hale, a member, while in good standing in the organization, prior to the completed period of expectancy." And further, under the head of "Endowment," "If living and in good standing twelve years from the date hereof, one-half the sum stipulated above, shall be paid to the legal payee of this certificate; the balance at death." Attached to the certificate, and in addition to the constitution and bylaws of the defendant was an application, or copy of one purporting to be signed by the plaintiff, a medical examination and certain other documents. In the application this clause appeared: "I further agree to accept said beneficiary certificate subject to such laws, rules and regulations as now exist, or may hereafter be adopted, and governing said corporation."
In 1893, the following by-law was passed:
The court charged in part as follows:
Defendant's points were among others as follows:
[5]
Verdict and judgment for plaintiff for $963.75. Defendant appealed.
Errors assigned were (1-5) above instructions, quoting them.
Judgment affirmed.
D. I. Ball, of Ball & Thompson, W. H. Tennant with him, for appellant. -- An association organized not to do business for profit or gain, but to pecuniarily aid the widows, orphans, heirs and devisees of its members, is not an insurance company: Com. v. Equitable Beneficial Assn., 137 Pa. 412; Bacon on Benefit Soc. and Life Ins., sec. 51; Northwestern Masonic Aid Association of Chicago v. Jones, 154 Pa. 99; act of April 6, 1893, P.L. 7; Dickinson v. Ancient Order of United Workmen, 159 Pa. 258; Fraternal Guardians Assigned Est., 159 Pa. 600; Hamill v. Supreme Council Royal Arcanum, 152 Pa. 537; Beatty v. Supreme Commandery U.O. of Golden Cross, 154 Pa. 484: McAlees v. Iron Hall, 12 Cent. Rep. 415; Johnson v. R.R., 163 Pa. 127.
When the benefit certificate was issued, it was subject to the "medical examination, constitution and laws herewith constituting contract," and attached thereto: Bishop v. E.O.M.A., 112 N.Y. 6; Benefit Assn. v. Burkhart, 110 Ind. 189; Crossman v. Supreme Lodge, 13 N.Y. 596; Munrich v. Supreme Lodge, 24 N.Y. 287; Hellenberg v. District, No. 1, I.O. of B.B., 94 N.Y. 580; Gray v. Supreme Lodge Knights of Honor, 118 Ind. 293; Hesinger v. Home Ben. Assn., 41 Minn. 516; Supreme Lodge v. Knight, 117 Ind. 489; Mitchell v. Lycoming Mut. Ins. Co., 51 Pa. 402; Miller v. Hillsborough Mut. Fire Assurance Assn., 6 Cent. Rep. 324; Diehl v. Adams County Mut. Ins. Co., 58 Pa. 443; 2 Am. & Eng. Ency. of Law, 176.
The power to amend by-laws is as broad as the power to enact them: Boone on Corporations, sec. 56, p. 67; Boisot on By-laws, sec. 16, p. 12; Morawetz on Private Corp. 499; Angell & Ames on Corp., sec. 329; May v. New York Safety Fund Assn., 13 N.Y. 66; Sheeler's App., 159 Pa. 594.
A member of an incorporated beneficial society does not stand in the relation of a creditor to the society, and can claim only such benefits as are prescribed by the by-laws existing at the time he applies for relief: St. Patrick's Male Beneficial Society v. McVey, 92 Pa. 510; McCabe v Father Mathew Society, 24 Hun, 149; Bacon on Benefit Societies, sec. 236; Ellerbe v. Faust, 25 S.W. 390; Julia Fugure v. The Mutual Society of St. Joseph, 46 N.H....
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