Aberdeen Master Masons' Incorporation, Ltd v. Smith [1908] ScotLR 484 (27 February 1908)

Aberdeen Master Masons' Incorporation, Ltd v. Smith [1908] ScotLR 484 (27 February 1908)

The pursuer is not a trade union within the statutory definition, and its registration under the Companies Acts is valid. The defender, having acted as a member and director, is personally barred from denying membership and is liable for contributions due prior to resignation. Only the company could object to any irregularity in his admission, not the defender himself.

Citation
[1908] ScotLR 484
Parties
Pursuer: Aberdeen Master Masons' Incorporation, Limited; Defender: Leslie Smith
Jurisdiction
Scotland
Judgment Date
27 February 1908
Procedural Posture
Civil / Appeal (reclaiming Note) From Lord Ordinary's Decree
Outcome
appeal dismissed; decree of Lord Ordinary adhered to
Legal Topics
Validity of Company Registration, Definition of Trade Union, Title to Sue, Ultra Vires Admission of Members, Personal Bar (estoppel)
Company Law Trade Union Law Contract Law Validity of Company Registration Definition of Trade Union Title to Sue Ultra Vires Admission of Members Personal Bar (estoppel)

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Parties

Aberdeen Master Masons' Incorporation, Limited

Pursuer

Leslie Smith

Defender

Procedural Posture

Civil / Appeal (reclaiming Note) From Lord Ordinary's Decree

Legal Issues

  1. 1 Whether the pursuer company is a trade union and thus incapable of valid registration under the Companies Acts
  2. 2 Whether the defender was validly admitted as a member and liable for contributions despite not meeting the prescribed qualifications

Ratio Decidendi

The pursuer is not a trade union within the statutory definition, and its registration under the Companies Acts is valid. The defender, having acted as a member and director, is personally barred from denying membership and is liable for contributions due prior to resignation. Only the company could object to any irregularity in his admission, not the defender himself.

Court Disposition

appeal dismissed; decree of Lord Ordinary adhered to

Orders

  • Defender's reclaiming note refused
  • Decree for payment of £51, 12s. 2d. against defender