Répertoire des administrateurs & commissaires de société, des banques, banquiers et agents de change de France et de Belgique

The law of friendly societies, and industrial and provident societies, with the acts, observations thereon, forms of rules etc., reports of leading cases at length, and a copious index

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Monograph

Identifikator:: 1751319059

URN:: urn:nbn:de:zbw-retromon-129553

Document type:: Monograph

Title:: Répertoire des administrateurs & commissaires de société, des banques, banquiers et agents de change de France et de Belgique

Place of publication:: Paris [u.a.]

Year of publication:: [1926]

Scope:: 1316 S.

Digitisation:: 2021

Collection:: Economics Books

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Document type:: Monograph

Structure type:: Chapter

Title:: Répertoire des administrateurs, commissaires, liquidateurs, curateurs, etc., de sociétés

Collection:: Economics Books

APPENDIX OF OASES. 210 against the directors and a portion of the shareholders who concurred in the acts complained of. The plaintiffs alleged that, being dissatisfied with the management, they had, in pursuance of the provisions of their deed of associ ation, given a month’s notice of their intention to withdraw from the society, and that the directors had denied their right so to withdraw. The plaintiffs thereupon filed their bill to recover their subscriptions, and by the present motion sought to restrain the directors from transferring or appropriating the funds of the society at the bankers. The defendants contended that the proper course for the plain tiffs, if dissatisfied with the conduct of the directors, was, according to the rules of the society, to appeal to arbitrators duly elected at a meeting for that purpose, and if that step ■did not produce a satisfactory result, they were then em powered to apply to two justices of the peace, whose decision would be final. Cbaxworth, V.-C., said that the case was one in which the regulations of the society, and the provisions of the legislature with regard to such associ ations, permitted the members, in the event of a dispute arising, to bring the case before the directors for their decision ; and if that should be unsatisfactory, to appeal to arbitrators, and ultimately to carry the case before two magistrates for their determination. The plaintiffs, how ever, had thought proper to apply to the court to put a construction on their rules, instead of adopting those means of redress which were clearly pointed out by the rules themselves. He was of opinion that there was no necessity for the interference of the court, and refused the motion with costs. In Grinham v. Card, 7 Exeh. 883, a dispute arose between two of the members of the committee of a friendly society and the trustees touching the distribution of a fund in the hands of the latter, and by one of the rules it was ordered that disputes were to be referred to such members of the committee as should not be personally interested in the matter ; and it was held that the judge of the county court had no jurisdiction in such case according to the rule of the society, which provided for the reference to the committee, and then to private arbitration, of all disputes, and the question now raised was, whether this particular dispute was one which could have been the subject of a suit in equity. The court restrained the judge of the county court from hearing the cause, on the ground that the dispute ivas one which ought to have been referred under the above rule.

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