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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220 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

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