Caputo v. Societa' Italiana Vittorio Emanuele III Principe Di Napoli

Opinion by

Arnold, J.,

Assumpsit was brought to recover death benefits to plaintiff’s intestate from a fraternal benefit society of which decedent had been a member for many years. Decedent did not remit his current dues of |2.00 payable December 4, 1943. He died December 21, 1943. Appellant contends that under the by-laws the benefits were forfeited. The court below held that the member died within the grace period of thirty days provided in the by-laws, entered judgment for plaintiff and defendant appealed.

The by-laws are badly drawn or badly translated (they were written in Italian with an…