190 Pa. 77 | Pa. | 1899
Opinion by
The only subject of complaint in this case is the refusal of the court below to take off the judgment of nonsuit.
It is conceded that plaintiff’s policy in the defendant association lapsed and became void, and her membership therein ceased because of her failure to pay regularly called assessments. But
Conceding, for the purpose of argument, that her application was in time, and that she complied or was ready and willing to fully comply with all the terms and conditions of the by-laws above quoted, it does not follow that the committee was bound to reinstate her to membership in the association. While the by-laws empowered them to grant her request, they were not bound nor could they be compelled to do so. It neither clothed her with any legal or equitable right, nor did it impose any duty or obligation on the association that would enable her, as a delinquent member, to maintain this action.
The learned court was therefore clearly right in refusing to take off the judgment of nonsuit.
Judgment affirmed.