Firemen's Pension Fund v. Harrisburg

The facts are stated in the opinion by RUPP, P. J., of the court below, as follows:

The plaintiff, the Firemen's Pension Fund, by Simon D. Smith and Elmer W. Shover, Trustees ad Litem, instituted an action of assumpsit against the City of Harrisburg, to recover the sum of $9,351.71 allegedly due the plaintiff, together with interest thereon from January 1, 1948.

The complaint pleads, inter alia, that the Firemen's Pension Fund is an unincorporated association composed of the paid employes of the Bureau of Fire of the City of Harrisburg and established by City Ordinance No. 171, File Folio 268,…