Funeral Benefit Ass'n v. Col. Ellsworth Council No. 960
Superior Court of Pennsylvania
Appeal, No. 285, Oct. T., 1916, by plaintiff, from decree of C. P. Northumberland Co., No. 401, in Equity, dismissing bill in equity in case of Funeral Benefit Association of the United States v. Col. Ellsworth Council, No. 960, Order of Independent Americans et al. Bill in equity to collect assessments.
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Appeal, No. 285, Oct. T., 1916, by plaintiff, from decree of C. P. Northumberland Co., No. 401, in Equity, dismissing bill in equity in case of Funeral Benefit Association of the United States v. Col. Ellsworth Council, No. 960, Order of Independent Americans et al. Bill in equity to collect assessments. Moser, J., filed the following opinion: The Funeral Benefit Association of the United States, the plaintiff in this action, hereinafter called the “Association,” is an unincorporated body, the by-laws of which in Section 2 of Article I provide: “This association is formed by the association…
1Opinion of the Court
Opinion by
Orlady, P. J.,
The court below, in an exhaustive opinion, fully considered and satisfactorily answered every contention raised by the appellant in its assignments of error. The relation between the plaintiff and defendant bodies was severed by the voluntary act of the defendant. While the defendant body was not suspended as a punishment for violation of their law, the court finds as a fact that the two assessments, numbers 471 and 472, were allowed to remain unpaid on the last day of the second month following that in which the assessments were ordered, and, following the law…
2Cases cited1 opinion
- Funeral Benefit Ass'n v. James E. Hyatt Council, No. 923Superior Court of Pennsylvania · 1916