Gottselig v. Cigarmakers International Union
Gottselig v. Cigarmakers International Union
Opinion of the Court
Opinion by
The plaintiff brought this action of assumpsit and filed a statement averring that she was the widow of
The plaintiff founds her right to recover upon the provisions of the constitution of the defendant, an unincorporated beneficial association. The defendant had not issued any policy nor written contract, covenanting to pay money to this plaintiff. She founds her right to recover solely upon the allegation that because her husband was a member of the association at the time of his death, the right to receive benefits accrued to his widow. The manner in which the rights of this plaintiff, if any she has, are to be enforced against this unincorporated beneficial association has been so distinctly determined in this State that further discussion seems unnecessary. “The proper method of suing such an association is to institute a suit in equity against some of the members, as representing themselves and all others having the same interest, and after judgment, to compel the defendants to see that the treasury of the association pays the claim”: Maisch v. Order of Americus, 223 Pa. 199; Fletcher v. Gawanese Tribe, No. 281, 9 Pa. Superior Ct. 393; Wolfe v. Limestone Council, 233 Pa. 362. The court below properly held that the
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.