St. Patrick Male Ben. Soc. v. McVey

• Decision Date: 09 February 1880
• Citation: 92 Pa. 510
• Parties: St. Patrick's Male Beneficial Society <I>versus</I> McVey.
• Court: Pennsylvania Supreme Court

92 Pa. 510

St. Patrick's Male Beneficial Society versus McVey.

Supreme Court of Pennsylvania.

January 2, 1880.

February 9, 1880.

January 2d 1880.

Before SHARSWOOD, C. J., MERCUR, GORDON, PAXSON, TRUNKEY and STERRETT, JJ. GREEN, J., absent

Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of July Term 1879, No. 18. On an appeal from a magistrate.

COPYRIGHT MATERIAL OMITTED

William Gorman, for plaintiff in error.—It is submitted, 1. That the by-law was not unconstitutional. And the society having proven it was absolutely necessary to their existence as a society, and that it was regularly passed — it was binding upon plaintiff; and further, they having declared they were not in funds, it was conclusive on the plaintiff, and defendant's point should have been affirmed.

2. If plaintiff intended to contest the constitutionality of this by-law, notice must be given at the time of the sickness, and in the manner pointed out by their constitution and by-laws, hence no subsequent notice would entitle plaintiff to recover. To sustain these positions see Cummings v. Webster, 43 Maine 192; Commonwealth v. Pike Beneficial Society, 8 W. &. S. 247; Black and White Smith Society v. Vandyke, 2 Whart. 309; Torrey v. Baker, 1 Allen (Mass.) 120; Toram v. Howard Beneficial Society, 4 Barr 519; St. Mary's Beneficial Society v. Burford, 20 P. F. Smith 324; Breneman v. Franklin Beneficial Society, 3 W. S. 218.

D. B. Meany, for defendant in error did not furnish a paper book.

Mr. Justice GORDON delivered the opinion of the court, February 9th 1880.

Upon an examination of the charter of the society above named we find under article second, the following: "The object of this society is beneficial, and the accumulation of a fund for the mutual aid and relief of those who may become members of it and require its beneficence in sickness or necessity."

Here two important particulars, fundamental in their character, become obvious: 1. The society is a charity, designed primarily, for the relief of such of its necessitous members as may require, that is need, its beneficence; 2. In order that it may be enabled to carry out this scheme of benevolence a fund must be accumulated from the contributions of the membership. Without this it could give nothing, could afford no pecuniary relief, for it would have nothing. What the amount of that fund was to be, under $2500, was left discretionary with the society, as will appear from article sixteen; nevertheless a fixed amount was contemplated. This was wise, for if the money received from monthly dues was to be expended just as it was received the operations of the society must necessarily be fitful and...