168 Pa. Super. 76 | Pa. Super. Ct. | 1950
Opinion by
In this action in assumpsit The City of Philadelphia Police Pension Fund Association (hereinafter called Association) appeals from a judgment for ap-pellees entered by the court below sitting without a jury in the amount of $2,269.10.
Martin Diskin was a member of appellant Association for a period of years prior to his resignation from the police department on April 30, 1948. On December 19, 1946, Diskin designated as beneficiaries the five appellees
The single question determinative of this appeal is whether the check of June 1, 1948, received by decedent but not endorsed, cashed or negotiated by him, payment of which was subsequently stopped by appellant, constituted a payment of the first installment of a pension to the decedent within the meaning of the by-laws of the Association.
The by-laws of the Association which are pertinent here provide as follows: “Article XI. Withdrawals Sec
It is conceded, as it must be, that in the circumstances disclosed the by-laws govern the rights of the parties here involved. “As a general proposition the constitution and by-laws of a voluntary association constitute the compact which binds its members together and the law by which they are to be governed: Manning v. Klein et al., 1 Pa. Superior Ct. 210, 216. The bylaws constitute the contract of association of its members: Leatherman et al. v. Wolf et al., 240 Pa. 557,
Judgment reversed and the cause remanded with instructions to enter judgment for appellees in an amount found to be due consistent with this opinion.
They are: Mary E. Diskin, Honora A. Diskin, Eleanor M. Diskin, Thomas P. Diskin and Bridget Flanagan.