Error to the Court of Common Pleas of Series county: Of January Term, 1885, No. 229.

This was an action on the case brought by Mary Brown against Jesse Orr et al., to recover damages for loss of the amount due her as beneficiary on a policy of life insurance in the Reading Mutual Aid Association, of which the defendants were the directors, by reason of their misapplying the moneys specifically collected to pay her as such beneficiary, and by reason of their refusal to levy and collect assessments on the members of said association to pay her as such beneficiary. Plea, not guilty.

On the trial of the cause the plaintiff made, inter alia, the following offers of evidence:

Plaintiff offers the letters patent of the Reading Mutual Aid Association incorporating the same, dated July 23d, 1878, to be followed with proof that Caleb Brown was insured in the said corporation in favor of this plaintiff, then his wife and now widow, in the sum of $1,000. That said Caleb Brown before the commencement of this suit died; that due and satisfactory proof of his death was made to said corporation; that suit was brought upon said policy against said corporation by this plaintiff and final judgment recovered for the sum of $1,000; that these defendants were directors and managers of said corporation at the time that said corporation collected from the members thereof for the specific purpose of paying the same on account of the said policy to the plaintiff between five and six hundred dollars, which sum was paid by said members to the defendants for the special and exclusive purpose of having the same paid by the defendants to this plaintiff, and the defendants so received the same; that the plaintiff demanded the said money from the defendants, but the defendants fraudulently, wrongfully and wilfully refused to pay and deliver it to her, and fraudulently, wilfully and. wrongfully converted and appropriated the same to their own use, and that this plaintiff, by such wrongful, wilful and fraudulent conduct of the defendants, as officers and managers as aforesaid, was greatly injured; and it is proposed further to prove that execution was issued upon the aforesaid judgment and demand made by the sheriff upon the officers of the corporation in conformity to the requirements of the Acts of Assembly, both for the particular fund collected to pay.this policy and the general funds of the corporation, and payment thereof was refused, and the writs returned nulla bona. And it is proposed further to prove that personal demand was made upon the defendants by the plaintiff, before this suit was brought for the money so as aforesaid collected for her by them, and that they refused to pay the same to her.

That the by-laws of said corporation, the.Reading Mutual Aid Association, the assessment named and mentioned in said offer was collectible for, and on account of, and payable only to the policy of the plaintiff, and was by the defendant collected and received for that purpose.

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