115 Pa. 305 | Pa. | 1887
delivered the opinion of the court March 28th, 1887.
It is not, and of course cannot, be questioned that, under
“ The purposes of this corporation shall be the maintenance of a society for the purpose of benefiting and aiding the widows and orphans of deceased members.”
Construing these words, the learned court below held that it was not within the power of the defendant to stipulate for the payment of the benefits to any person,-other than the widow and orphans, who might be designated as the recipient by the deceased under article nineteenth of the constitution. We think this is too narrow and strained a view to take of the second section of the charter quoted above. While it is true that the general purpose of the corporation is there stated to be the maintenance of a society for benefiting and aiding widows and orphans of deceased members, it must be observed'that this is only the statement' of a general purpose. It is only the recital of an object sought to be accomplished, and which doubtless is accomplished in the great majority of cases, even though in exceptional cases the benefits may, by special contract, be paid to other persons than the widow or orphans. 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 a contract to be held void by reason of any necessary implication from the language of the charter. For the widow and orphans may be much benefited, and in many ways, by a contract designating another beneficiary, as, for instance, if the member, in his lifetime, desiring to establish a home for his wife and children which they might hold after his death, borrowed money for that purpose, and so used it, and, to secure the loan, designated the lender as the beneficiary of his membership, certainly his widow and orphans would be most materially benefited by such an arrangement. Or if, having a home, he met with disaster and was about to
But again the member may be unmarried, or he may have become a widower and without children during his life, though at the time his membership commenced he may have had both a wife and children. Surely, in such a case, it would not be contended that the company could resist payment if the action were.brought by an administrator, even though the money was needed only for the payment of debts, or if brought by a designated beneficiary, who had loaned money on the faitli of the membership. Further discussion does not seem to be required. We are of opinion the plaintiff is entitled to judgment in the case stated.
Judgment reversed, and judgment is now entered in favor of the plaintiff, and against the defendant, for the sum of $1,000, with interest from the 24th day of July, A. D. 1884, and costs.