20 Pa. Super. 605 | Pa. Super. Ct. | 1902
Opinion by
The purpose for which the defendant association was formed, as declared in the charter of incorporation granted in 1896, as well as in article second of its constitution, was “ the accumulation of a fund by the payment of monthly dues and assessments by the membership, and through such other sources as may be proper and legal; the same to be paid out for the weekly benefits of such members who, by sickness, disability or injury, are unable to perform daily labor, or for the benefit of the widows and children of deceased members, in such sums and under such regulations as the constitution and bylaws may prescribe.” There is nothing in the by-laws bearing upon the question before us, but section 3, article 9, provides as follows : “ Every member of this association shall designate in writing, the same to be filed with the secretary, the person or persons, to whom all money payable by this association, in case of his death, shall be payable, .... and in case of death of two members during the interval of the meetings of the association, the president shall, if necessary, call a meeting of the board of trustees, who shall be empowered to devise such ways and means for the deceased member’s family as the exigency of the case may warrant, and until the monthly dues can be properly collected.” It appears in this case that Robert C. Rowley, a member of the association, died, leaving no widow but a minor child named Andrew Rowley, for whom the Mercantile Trust
There is a very broad distinction between this case and the case of Maneely v. Knights of Birmingham, 115 Pa. 305. In that case the purpose of the corporation, as declared in the charter and the constitution, was, “ the maintenance of a society for the purpose of benefiting and aiding the widows and orphans of deceased members ; ” but article 19 of the constitution provided that upon the death of a member a certain sum should be paid “ to such person or persons as the deceased may have designated to receive the same, as appears on the books of the lodge of which he is a member,” etc. The member complied strictly with this latter provision, and the only question was whether it was within the power of the society to stipulate for the payment of the benefits to any person, other than the widow and orphans. The Supreme Court held: “ There is no prohibitory or restrictive language excluding from the powers of the corporation the right to contract specially with the member for the payment of benefits to other persons than his widow or orphans. Nor is such contract to be held void by reason of any necessary implication from the language of the charter.” But in this case there was no such special contract. The only contract between Robert C. Rowley and the defendant society was that which arose out of his membership. Giving it the interpretation most favorable to him, it was a contract to pay the death benefits to his wife and children, or such of them as should survive him, or to such person as he should designate in the manner prescribed by the constitution. Even if we conceded that, in case he had died leaving neither widow nor children, and without having designated a beneficiary in that manner, his executrix and legatee could recover the money, this would not help the plaintiff’s case. We therefore need not discuss that question. Nor is it necessary to decide the question
The order making absolute the rule to show cause granted upon the motion of the plaintiff, and the judgment entered pursuant to said order are reversed and set aside, and the rule is discharged; the costs incurred upon said rule and this appeal to be paid by the appellee.