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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APPENDIX OF CASES. 221 between the society and the members as members,’ and not in any other capacity. That being our opinion on consider ation, the plea which set up this necessity of the arbitration as a bar to the whole question raised by the plaintiffs, part of which clearly was not between the society and the defendant as a member, if the rest was, is a bad plea. The demurrer, therefore, to the plea must be allowed, and the plaintiffs will be entitled to judgment. We have abstained from expressing any opinion whether, if this had not been so, the particular case before the court was such as to fall within the doctrine in Crisp v. Bunbury—it may or may not be ; and it is clear that on the present record, the plaintiffs are entitled to judgment.” See also upon this point Fleming v. Self, 1 Kay, 518, and the recent case of Mulkern v. Lord, in the House of Lords (4 App. Cas. 183 ; V April, 1879), where Earl Cairns, L. C., held that it was impossible that the rights of mortgagor and mortgagee, especially those of foreclosure and redemption, could be enforced or adjusted by such a reference to arbitration as is provided by 10 Geo. 4, c. 56, s. 27, and therefore that the provisions of that Act are not applicable to those pur poses of a benefit building society which involve the adjustment of rights created by mortgage. In this decision Lords Hatherley and O’Hagan concurred, quoting with approval the remarks of Lord Cranworth in Fleming v. Self, that the “total absence of adequate machinery for enabling arbitrators to enforce any award they might make on the mortgage, in a case like the present, affords cogent evidence that the dispute is not within their competency.” It may be remarked that this decision turns upon the application of the 10 Geo. 4, c. 56, to benefit building societies established under the Act of 1836, and not in corporated under that of 1874 ; and it does not over rule the decision of the Master of the Rolls in Wright v. The Monarch Investment Building Society, 5 Ch. D. 726, where the plaintiff sought an account against a society incorporated under the Building Societies Act of 1874, of money due to him in respect of an alleged overcharge upon his mortgage; and Sir G. Jessel, M. R., held that the jurisdiction of the court was ousted. That case, however, turned upon the construction of the Building Societies Act, 1874, and is not applicable to a friendly society nor to any industrial and provident society except possibly to such as carry on the trade of the buying and selling of land, and provide by their rules for making advances to members on mortgage. The claim of. a society upon its treasurer for misappro

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