Beeman v. Supreme Lodge
Beeman v. Supreme Lodge
Opinion of the Court
Opinion by
The first question to be determined on this appeal is whether there was sufficient evidence to submit to the jury as to the payment of the assessment at the time required by the rules of the society. The plaintiff testified at the trial that she deposited in the mail about nine o’clock in the morning in the city of Philadelphia, a letter containing a sufficient amount of money to pay the assessment, which could be paid any time during that day. It is therefore contended that this is sufficient
The Superior Court in reversing the judgment of the common pleas held that as Beeman did not follow the method pointed out by the by-laws to secure his reinstatement in the lodge, and as the beneficiary likewise did not adopt such method upon the refusal of the lodge to pay the death benefits, the present action cannot be maintained. The ruling in this respect is based upon sections 165 and 398 of the by-laws of the defendant society. We do not see how there can be any escape from this position. In Black & White Smiths’ Society v. Vandyke, 2 Whart. 309, Mr. Justice Gibson, in discussing this question, said: “ Into the regularity of these proceedings, it is not permitted us to look. The sentence of the society, acting in a judicial capacity and with undoubted jurisdiction of the subject-matter, is not to be questioned collaterally, while it remains unreversed by superior authority. If the plaintiff had been expelled irregularly he has a remedy by mandamus to restore him. But neither by mandamus nor action can the merits of his expulsion be re-examined. He stands convicted by the sentence of a tribunal of his own choice, which, like an award of arbitrators, concludes him.” To the same effect is Commonwealth ex rel. Bryan v. Pike Beneficial Society, 8 W. & S. 247; Society v. Commonwealth, 52 Pa. 125; Commonwealth v. Union League, 135 Pa. 301. The learned counsel for appellant recognizes the force of this position, but insists that it is in the nature of a plea in abatement and should have been specially pleaded in the court below. We think the pleadings
The reasons above stated being fatal to the claim of the appellant, it will not be necessary to discuss other questions raised by the specifications of error.
Judgment affirmed.
Reference
- Full Case Name
- Beeman v. Supreme Lodge, Shield of Honor
- Cited By
- 24 cases
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- Syllabus
- Evidence — Presumption—Mailing of letter — Receipt of letter. The presumption that a letter mailed in the morning and addressed to a person in the same city, will be delivered on the same day, is overcome by the evidence of the person addressed that he did not receive the letter on that day, supported by testimony of the letter carrier that the letter by its postmark showed that it was not received at the post office until three hours after the last delivery, and that in the usual course of mail it would not be delivered until the following morning. Beneficial associations — Payment of dues — Payment by mail — Forfeiture of membership. Where the by-laws of a beneficial association provide that “each member shall pay the amount according to age, as per table, and any member failing to pay same before the last meeting night of each month shall stand suspended from the order and all benefits therefrom,” payment by- cash mailed on the last day of the month, but not received by the association until the following day, is not a payment within the meaning of the by-law, and failure to make the payment within the time prescribed works a suspension of the member without any action, on the part of the association. Beneficial associations — Forfeiture of membership — By-laws—Remedy. Where the by-laws of a beneficial association provide that, in case of-' a dispute about suspension or expulsion, no suit shall be brought against the association until “the remedies and means of redress” provided by the association shall be exhausted, a beneficiary cannot maintain a suit against the association, where it appears that neither the member nor the beneficiary sought in any way to avail himself of the remedies- and means of redress provided by the association. Such by-laws are binding upon the association and its members.