137 Pa. 412 | Pa. | 1890
Opinion,
This writ of quo warranto issued out of the Common Pleas of Dauphin county, upon the suggestion of the attorney general, against what is known as the Equitable Beneficial Association of Pennsylvania, commanding the said association to appear and show by what authority they were exercising the franchises, rights, and privileges of a body politic and corporate, by the name stated, and in that name making contracts and issuing policies of insurance. In response to the writ, the association sets forth that their warrant and authority is derived from a charter of incorporation, which they hold under the decree of the Court of Common Pleas No. 2, of Philadelphia, bearing
As the law plainly recognizes the existence of beneficial societies, as distinguished from insurance companies, and provides for their incorporation as such, it is proper that we should determine what is meant by “ a society for beneficial or protective purposes,” and in what respects it may be said to differ from an insurance company. The general object or purpose of an insurance company is to afford indemnity ox security against loss: its engagement is not founded in any philanthropic, benevolent, or charitable principle; it is a purely business adventure, in which one, for a stipulated consideration or premium per cent, engages to make up, wholly or in part, or in a certain agreed amount, any specific loss which another may sustain; and it may apply to loss of property, to personal injury, or to loss of life. To grant indemnity or security against loss, for a consideration, is not only the design and purpose of an insurance company, but is also the dominant and characteristic feature of the contract of insurance.
What is known as a beneficial association, however, has a wholly different object and purpose in view. The great under
• But we are wholly in the dark as to the nature of the business conducted by these defendants. The cause was tried under the act of April 22, 1874, without a jury, and the facts necessary to the determination of the case are not found. It is the duty of the court, in such case, to “state separately and distinctly the facts found, the answers to any points submitted in writing by counsel, and the conclusions of law: ” Act of April 22, 1874, P. L. 109; Marr v. Marr, 103 Pa. 468; Sweigard v. Wilson, 106 Pa. 213; Harris v. Hay, 111 Pa. 564. In the opinion of the court, after reciting the purpose or design of. the association, as defined by the charter, the learned court says : “ The facts in the case are substantially the same as in the. case, of the Commonwealth v. Beneficial Association of Philadelphia, No. 36 January Term 1889, Dauphin county
The judgment is reversed, and a procedendo awarded.