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

Bibliographic data

Monograph

Identifikator:: 875232663

URN:: urn:nbn:de:zbw-retromon-2698

Document type:: Monograph

Title:: 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

Place of publication:: with the acts, observations thereon, forms of rules etc., reports of leading cases at length, and a copious index$gTenth edition, revised and enlarged

Publisher:: Shaw and Sons

Year of publication:: 1881

Scope:: 1 Online-Ressource (XII, 303 Seiten)

Digitisation:: 2017

Collection:: Economics Books

Usage license:: Get license information via the feedback formular.

APPENDIX OF CASES. 211 priority given by this section, and the filing and service of' a hill by the trustees to enforce such right, held to be a demand in -writing within the section : Absalum v. Gethin, 11 W. R 332 ; 32 Beav. 322. The priority of payment applies only to moneys received by an officer by virtue of his office, independent of contract. Thus, it was held upon the construction of 33 Geo. 3, c. 54, s. 10 (similar to this section), that the section did not apply to a debt due from an officer in his individual, and not in his official, character : Ex parte The Amicable Society of Lancaster, 6 Ve3. 98 ; nor to money held by a person not appointed treasurer, or by the treasurer upon notes carrying interest : Ex parte Ashley, 6 Yes. 441 ; Ex parte Ross, Id. 802 ; Ex parte Stamford Friendly Society, 55 Ves. 280 and see Ex parte Buckland, 1 Buck. 514 ; Anon. 6 Mad. 98. Where the treasurer of a savings bank was partner in a bank into which all moneys received by the manager were paid to the credit of the trustees, and interest allowed thereon, it being the custom of the bankers to- allow interest upon deposits, and the treasurer acknow ledged from time to time the balance to be moneys in his hands as treasurer, it was held under a similar clause in a Savings Bank Act to that now under consideration, that such balance was to he deemed as in his hands as treasurer, and that the trustees were entitled to recover the amount in full : Ex parte Riddell, 3 Mont. D. & G. 80. An actuary of a savings bank, who by the rules had no- power to receive money, but was allowed to do so by the manager, was held not to have received it by virtue of his office, and therefore, the trustees of the bank had no priority over the other creditors : Ex parte Jardine, 10 L. J.. (n.s.) (B.) 11; 1 Fonblanqrm, 324. The rules of a friendly society provided that the treasurer retaining upwards of i!10 more than seven days after he was required to pay it over, should be excluded from the society. They also provided that a particular firm should; be the bankers of the society, with power for a general meeting to appoint other bankers. It was held that the bankers for the time being were not officers : Ex parte Harris, 1 De Gex, 162. Country bankers appointed by a friendly society to- receive moneys and to transmit them to their London agents for the purpose of investment in the Bank of England ta the account of the Commissioners of the National Debt, were held not to be appointed to an office within the meaning of the Act 4 & 5 Will. 4, c. 40, s. 12 Hx parte Whipham, 3 Mont. D. & D. 564.

Access restriction

Copyright

fullscreen: 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

Monograph

Table of contents

Download

Monograph

This page

Image fragment

Citation links

Citation recommendation