233 Pa. 357 | Pa. | 1912
An examination of this record satisfies us that the court below was right in holding that no joint trespass was shown to have been committed by the several defendants. The unincorporated association named as a
The Act of April 28, 1876, P. L. 53, “Relieving members of beneficial societies from individual liability for lodge indebtedness,” when it provides that “members shall not be individually liable for the payment of periodical or funeral benefits or other liabilities of the association, and the same shall be payable out of the treasury,” by the words “other liabilities,” means all liabilities properly chargeable to the treasury of the society, and contemplates obligations in addition to funeral expenses or death benefits: Pain et al. v. Sample, 158 Pa. 428. If the defendant association were liable for appropriating the property of the plaintiffs to its own use, its treasury and not the funds of the individual members would have to respond in damages. But it is clear on the facts in this case that there was no such liability. When the forfeiture of the charter was declared the state council of the Junior Order of United American Mechanics did not take over the property of the defendant council, .and the reissue of the charter to the plaintiffs, after a lapse of more than six years, would not serve to vest in them, or in the lodge organized by them, the property in question; nor would it give them any peculiar right of possession therein. The plaintiffs had no right of possession other than the joint right which they enjoyed in common with the other members of the defendant council, and their secession •therefrom would not divest its property: State Council Junior Order of United American Mechanics v. Emery, 219 Pa. 461.
The other ground for entering the nonsuit, namely,
The assignments are overruled and the judgment is affirmed.