Colquhoun v. Society of Contributors to Widows' Fund of Faculty of Procurators in Glasgow [1904] ScotLR 42_271 (22 December 1904)

Colquhoun v. Society of Contributors to Widows' Fund of Faculty of Procurators in Glasgow [1904] ScotLR 42_271 (22 December 1904)

A person must be a member of the Faculty of Procurators at the time of contributing to the Widows' Fund to retain rights; expulsion terminates qualification and rights for contributor and family.

Citation
[1904] ScotLR 42_271
Parties
Pursuers and Reclaimers: James Colquhoun, his wife and children; Defenders and Respondents: Society of Contributors to Widows' Fund of Faculty of Procurators in Glasgow and David Murray, LL. D., writer, 169 West George Street, and others, trustees
Jurisdiction
Scotland
Judgment Date
22 December 1904
Procedural Posture
Civil Action for Reduction and Declarator / Inner House, First Division, Court of Session, Reclaiming Motion
Outcome
Action dismissed; Lord Ordinary's interlocutor adhered to; pursuers found liable in expenses.
Legal Topics
Widows' Fund, Expulsion of Member, Right to Contribute and Participate, Interpretation of Statutes, Ultra Vires
Insurance Corporate Law Trusts and Estates Widows' Fund Expulsion of Member Right to Contribute and Participate Interpretation of Statutes Ultra Vires

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Parties

James Colquhoun, his wife and children

Pursuers and Reclaimers

Society of Contributors to Widows' Fund of Faculty of Procurators in Glasgow and David Murray, LL. D., writer, 169 West George Street, and others, trustees

Defenders and Respondents

Procedural Posture

Civil Action for Reduction and Declarator / Inner House, First Division, Court of Session, Reclaiming Motion

Legal Issues

  1. 1 Whether expulsion from Faculty terminates right to contribute to Widows' Fund and benefit for widow and children
  2. 2 Interpretation of Glasgow Faculty of Procurators Widows' Fund Acts 1833 and 1875
  3. 3 Effect of supplementary charter and Law Agents Act 1874 on membership and rights

Ratio Decidendi

A person must be a member of the Faculty of Procurators at the time of contributing to the Widows' Fund to retain rights; expulsion terminates qualification and rights for contributor and family.

Court Disposition

Action dismissed; Lord Ordinary's interlocutor adhered to; pursuers found liable in expenses.

Orders

  • Dismissal of action
  • Pursuers liable in expenses