176 A. 30 | Pa. Super. Ct. | 1934
Argued October 16, 1934.
This is an action of assumpsit brought by the widow of a deceased member to recover the sum of $500 death benefit from the Boslover Beneficial Association. At the trial the pleadings were offered in evidence and by a comparison between the statement of claim and affidavit of defense, it appeared that the decedent was a member of the defendant association in good standing during his lifetime, and this being so the presumption is that he continued to be so: Tkatch v. Knights and Ladies of Security,
The defendant, as a last resort, relies upon the Act of May 20, 1921, P.L. 916, Sec. 2. This is an act referring to fraternal beneficial societies and their status. It provides, "Each society shall file with the Insurance Commissioner a duly certified copy of its constitution and laws as enacted, and as changed, added to, or amended within ninety days after enactment. *58 Printed copies of the same duly certified by the secretary or corresponding officer thereof, shall be prima facie evidence of the legal adoption thereof." It would seem that the filing of a copy of its constitution and by-laws is a prerequisite to its being offered in evidence by copy. The act evidently contemplated that publicity should be given to the rules that were enacted by the association by a certified copy being filed with the insurance commissioner and that after this was done any printed copy certified could be received in evidence. Moreover, there was no evidence shown that the defendant was a fraternal beneficial society covered by the act. The act applies only to such as are associations with ritualistic form of work and a representative form of government.
The conclusion of the lower court is justified. "We find that the plaintiff has made out a prima facie case and that the burden of proof that the deceased member was not in good standing was upon the defendant beneficial association. This burden it failed to meet."
The judgment is affirmed.