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APPENDIX OF CASES.
These decisions have been followed in the recent cases of
Callaghan v. Dolioin, L. B. 4 0. P. 288, and Thompson v.
Planet Building Society, L. R. 15 Eq. 333.
The words “ every dispute ” must he read as referring
only to disputes between the society and the members as
members, and not in any other capacity they may be placed
in, by having the funds of the society advanced to them
by way of mortgage, or on loan on the security of their
policies. In Morrison v. Glover, 19 L. J. (Excli.) 20, the
defendant, a member of a building society, having mort
gaged some leasehold premises to the society, and thereby
covenanted to observe the rules, and also to pay certain
rents due to the superior landlord, was sued for breaches of
both these covenants; but contended by his plea that the
cause of action ought to have been referred to arbitration
pursuant to the rules. The court, in delivering judgment,
said :—“ The only point that remained for our consideration
was, whether this was a matter in dispute between the
society and one of its members, according to the true
meaning of the rules established by the society, so as to be
the subject-matter of arbitration, or whether it might be
made the subject of an action. It was contended on the
part of the defendant, that whatever question arose between
the society and its members must be referred to arbitration.
They way in which it became material was this : Some of
the grounds of the action were undoubtedly between the
society and the defendant in the character of a member,
and there may be strong reasons for saying that, if the
claim had been entirely confined to a right on the part of
the plaintiff of that description, then the case which was
referred to of Crisp v. Bunbury, ■would apply, and the plea
would be good ; therefore the demurrer ought not to be
allowed, and the defendant would be entitled to judgment.
But it is clear that some of the breaches relied upon by
the plaintiffs, for instance, a covenant to pay rent to Lord
Cadogan, were matters not between the defendant as a
member of the society and the society ; they were merely
between the defendant and the society as a mortgagor.
Now, we are of opinion that if any other rule be established
than that the dispute must be with the party as member—
if we go beyond that one step—the consequence would be,
that any extraneous matter of any sort that might happen to
arise between the society and any of its members, having
no connection with the society, would become the subject-
matter of reference. It appears to us, therefore, the words
‘matter in dispute’ must be read ‘matter in difference