Mitchell v. Allardyce and Others [1916] ScotLR 578 (16 May 1916)

Mitchell v. Allardyce and Others [1916] ScotLR 578 (16 May 1916)

In the absence of legal evidence connecting the current trustees with the original creditors named in the bond, the charge was not properly authorised. Section 50 of the Friendly Societies Act 1896 dispenses with the need for a conveyance but not with the need for legal evidence of appointment for diligence. Therefore, the charge must be suspended.

Citation
[1916] ScotLR 578
Parties
Complainer: Robert Mitchell; Respondent: William Allardyce; Respondent: Robert Hamilton; Respondent: Fleming Jackson
Jurisdiction
Scotland
Judgment Date
16 May 1916
Procedural Posture
Note of Suspension / Appeal (reclaiming Motion) From Lord Ordinary to Inner House
Outcome
Charge suspended; interlocutor of Lord Ordinary recalled.
Legal Topics
Diligence, Friendly Societies, Trustee Succession, Validity of Charge, Legal Evidence of Title
Civil Procedure Trusts and Estates Banking and Finance Diligence Friendly Societies Trustee Succession Validity of Charge Legal Evidence of Title

Case Brief

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Parties

Robert Mitchell

Complainer

William Allardyce

Respondent

Robert Hamilton

Respondent

Fleming Jackson

Respondent

Procedural Posture

Note of Suspension / Appeal (reclaiming Motion) From Lord Ordinary to Inner House

Legal Issues

  1. 1 Whether trustees of a friendly society not named in the original bond can validly charge the debtor without legal evidence connecting them to the original creditors
  2. 2 Whether section 50 of the Friendly Societies Act 1896 dispenses with the need for legal evidence of appointment for diligence purposes

Ratio Decidendi

In the absence of legal evidence connecting the current trustees with the original creditors named in the bond, the charge was not properly authorised. Section 50 of the Friendly Societies Act 1896 dispenses with the need for a conveyance but not with the need for legal evidence of appointment for diligence. Therefore, the charge must be suspended.

Court Disposition

Charge suspended; interlocutor of Lord Ordinary recalled.

Orders

  • Interlocutor of Lord Ordinary recalled.
  • Charge suspended simpliciter.