Legal Opinion

Commonwealth v. President of St. Patrick Benevolent Society

Supreme Court of Pennsylvania

Decided March 31, 1810PublishedCited by 17 opinions

r I 1HIS cause came on upon the return to a mandamus, to restore John Binns to his standing as a member of the St. Patrick Benevolent Society. The president of the society returned — That the said society is a charitable institution, being associated for the purpose of raising a fund sufficient to supply its members in certain exigencies, and for the relief of distressed Irishmen emigrating to the United States.

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r I 1HIS cause came on upon the return to a mandamus, to restore John Binns to his standing as a member of the St. Patrick Benevolent Society. The president of the society returned — That the said society is a charitable institution, being associated for the purpose of raising a fund sufficient to supply its members in certain exigencies, and for the relief of distressed Irishmen emigrating to the United States. That it is a corporation or body politic in law, being so made and constituted according to the laws of this commonwealth, on the 5th of Septemher 1804. That the said corporation is…

1Opinion of the Court

Tilghman C. J.

This case arises on a return to a mandamus directed to the St. Patrick Benevolent Society, an incorporated body, commanding them to restore John Binns to the' rights of a member of the said society. The return is made by William Duane president of the society, and assigns the cause for not restoring Binns, according to the command of the writ. The question is, whether the by-law, under which the expulsion was made, is valid. In order to determine this, it will be necessary to consider the nature of the corporation. It is an association which has for its object, the raising a…

2Cited by17 opinions

  1. Screwmen's Benevolent Ass'n v. BensonTexas Supreme Court · 1890
  2. White v. BrownellNew York Court of Common Pleas · 1868
  3. State ex rel. Pittman v. AdamsSupreme Court of Missouri · 1869
  4. Society for Visitation of Sick v. Commonwealth ex rel. MeyerSupreme Court of Pennsylvania · 1866
  5. People ex rel. Thacher v. New York Commercial Ass'nNew York Supreme Court · 1864

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