Funeral Benefit Ass'n v. James E. Hyatt Council, No. 923
Superior Court of Pennsylvania
Appeal, No. 159, Oct. T., 1915, by defendants, from decree of the Municipal Court Philadelphia Co., April T., 1915, No. 74, on hill in equity in case of Funeral Benefit Association of the United States v. James E. Hyatt Council, No. 923. Bill in equity to enforce an assessment. The facts are stated in the opinion of the Superior Court.
Read the full summary
Appeal, No. 159, Oct. T., 1915, by defendants, from decree of the Municipal Court Philadelphia Co., April T., 1915, No. 74, on hill in equity in case of Funeral Benefit Association of the United States v. James E. Hyatt Council, No. 923. Bill in equity to enforce an assessment. The facts are stated in the opinion of the Superior Court. The court below overruled the demurrer, and entered judgment for plaintiff in the sum of $34.40. Error assigned was the decree of the court. —The court did not have a right to enter judgment on the demurrer but should have overruled the demurrer and permitted…
1Opinion of the Court
Opinion by
Orlady, P. J.,
The plaintiff, an unincorporated association, composed of subordinate councils of the order of Independent Americans, a fraternal, patriotic body, by its officers, brings this bill in equity, against certain named persons, who were members, constituting James E. Hyatt Council No. 923, of the order, to recover an assessment levied for December, 1914, by the superior body against the subordinate council.
The plaintiff body meets annually to elect its officers, creates by-laws and makes assessments on the councils, for the payment of liabilities and benefits to the…
2Cases cited4 opinions
- Lehman v. ClarkIllinois Supreme Court · 1898
- Corbet v. Oil City Fuel Supply Co.Superior Court of Pennsylvania · 1897
- Pain v. SampleSupreme Court of Pennsylvania · 1893
- Johnston v. AndersonSuperior Court of Pennsylvania · 1903
3Cited by3 opinions
- Kraus v. Beaver Valley Traction Co.Superior Court of Pennsylvania · 1918
- Funeral Benefit Ass'n v. Col. Ellsworth Council No. 960Superior Court of Pennsylvania · 1917
- Manor Shopping Center Merchants Ass'n v. Economy Sales Co., Pennsylvania Court of Common Pleas, Lancaster County1966