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:: 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

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214 APPENDIX OF CASES. vent proceedings by indictment, although the offender may he a member of the society. In Rexv. Hall, 1 Moo. 0. 0 474, it was held to be embezzlement for a member, who was also the secretary of a society, fraudulently to withhold money received on account of the society. But, on this point, see 31 & 32 Viet. c. 116, Part II., ante. The remedy given by this section does not take away the common law remedy by action : Sindenv. Banks, 3 E. & E. ■623 ; 30 L. J. (Q. B.) 102. Assumpsit for money had and received might be main tained against one who had been a member, for money intrusted to his keeping by the rest of the society : Sharpe v. Warren, 6 Price, 131. A petition was presented by the officers of a friendly ■society, enrolled under the 10 Geo. 4, c. 56, seeking to enforce payment by two members of the society of a sum of money, part of the funds of the society, with which they had been intrusted by the other members. It appeared that at a general meeting it was resolved that the funds of the society should be got in and divided, and then that the society should be dissolved. Subsequently, a portion of the funds had been delivered to the respondents, in order that they might deposit it in the bank at Carmarthen. The money was accordingly deposited by them in the hank, but they subsequently drew it out, and, notwith standing frequent demands made upon them, they had not replaced it, and it was now sought to enforce payment of such moneys. Stuart, V.-C., said the justice of the case was clear, and accordingly made the order asked for : In re Briton Friendly Society, 20 Nov., 1852, ex rel. W. Tidd Pratt. Upon an indictment for obtaining money under false pretences, it appeared that in the month of July the prisoner asked the prosecutrix to belong to a burial club, which he praised as strong and respectable, and which he said had £7,000 in a bank. He did not then induce the prosecutrix to become a member. A month afterwards he went again, and “ still praised the club,” but said nothing of the ,£7,000. The prosecutrix then subscribed :—Held, that the jury might connect the two statements, and the statement as to the £7,000 being false, they found that the prisoner had •obtained the money by that false pretence : Rea. v. Welman 1 C. C. R. 189. Obtaining money by the secretary of a society from a member, by telling him he owed it to the club, whereas he owed part only Held to be obtaining money by false pretences : Reg. v. Woolley, 1 Den. 559.

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