271 Pa. 419 | Pa. | 1921
Opinion by
Plaintiff brought an action of assumpsit against “The Brotherhood of Locomotive Firemen and Enginemen, W. J. Carter, President, A. H. Hawley, General Secretary and Treasurer, or whoever may represent the defendant,” and filed a statement of claim, in which it is averred “the defendant is a fraternal and beneficial association organized for the benefit of the members and their wives, widows, children or families,” that plaintiff is the widow of Andrew A. Oster, who was a member of the brotherhood, and that she is entitled to the insurance or benefits upon his life. Claimant attached to her statement a copy of the beneficiary certificate, issued by the Brotherhood, which showed that it was payable not to her but to Frances Oster, named therein as wife.
An affidavit of defense in the nature of a demurrer was filed to the statement, in accordance with the Practice Act of May 14,1915, P. L. 483, in which it was set forth, that the action cannot be maintained, as the defendant is sued as an unincorporated beneficial association in an action of assumpsit, and that plaintiff’s remedy is not at law but by bill in equity. The court sustained the demurrer, entered judgment for defendant and plaintiff has appealed.
Affirming the Superior Court in Maisch v. Order of Americus, 223 Pa. 199, we said “There is no such entity known to the law as an unincorporated association” and held that an action of assumpsit would not lie against
The learned court below properly sustained the demurrer, and its judgment is affirmed, without prejudice.
