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4 Walk. 182

Schollenberger's Appeal

Supreme Court of Pennsylvania

Decided March 12, 1883

Supreme Court of Pennsylvania · decided 1883-03-12

In Equity-No. 189 July Term, 1882. Bright Star Association No. 59, Independent Order-of Philogatheans, is an unincorporated association, founded at Hamburg, Berks County, in 1868. The object of the Association is the moral and intellectual improvement of the female sex and mutual aid among the female members of the body by the payment of benefits during sickness and death.

Decided 1883-03-12

¶1The Supreme Court affirmed the decree of the Common Pleas on March 12, 1883, in the following opinion:

Per Curiam

¶2*184This contention arises between members of an unincorporated association. It was composed exclusively of females. No sound objection can be made to its declared objects. They were worthy and commendable. All its benevolence and benefits, however, were confined exclusively to its members. The report of the Master shows conclusively that the association had outlived its usefulness. The want of harmony, and the exhibition of bickerings manifested among th members, clearly justified a dissolution of the Association. In contemplation of law it was practically a partnership in which the members were interested. It was legally disbanded. Each member is entitled to her proper share of the funds. The appellants are not entitled to the whole.

¶3Decree affirmed and appeal dismissed at the cost of the appellants.

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