79 Ala. 138 | Ala. | 1885
“ The Belief Treasury of the Stone Creek Baptist Church” is an unincorporated association, organized for the purposes of nursing and caring for sick members, providing necessary maintenance, and medical attention during illness, and of burying such as should die from time to time. The common fund was created by initiation fees and monthly
The purposes and objects of the society are. praiseworthy and benevolent. Such association is organized for private charity, intended to raise a fund for the mutual benefit and. assistance of the members, which is impressed with a trust character, and is placed at the disposal, and subject to the management, of persons who sustain a fiduciary relation. Such associations have become common, and can not be excluded from the domain of jurisprudence, without a conceded inadequacy of the law and the courts to enforce and protect substantial rights, to encourage the amelioration of the ills of humanity, and to foster the cultivation of the highest virtue. The right of the members to sue, in respect to matters pertaining to, or affecting their individual interests, has been repeatedly asserted.—Means v. Moulton, 30 Md. 142; Anon., 3 Atk. 276; Penfield v. Skinner, 11 Vt. 296; Lloyd v. Loaring, 6 Vesey, 773.
Such voluntary associations, not having any well defined legal status, have been considered and treated by learned jurists, under the pressure of necessity, as partnerships. In Beaumont v. Meredith, 3 Ves. & Beames, 180, in respect to a society for the relief of the members in sickness, Lord Eldon says: “ This society can be considered, in this eourt, only as a partnership, and neither has nor can have a corporate character.” The question in the case involved the necessary parties to a suit brought by some members against the trustees, for an account, alleging an unauthorized dissolution. It has also .been held, that the members, in their relations to third persons, are to be regarded as partners, the same as individuals associated for any business enterprise.—Rabb v. Reed, 3 Rawle, 151. There is no mutual participation of profit or loss; the death of a member does not operate a dissolution ; and the members, as such, have no authority to bind or assign the common property. Whatever may be their relation and liability to third persons, they are not partners inter sese.—Thomas v. Ellmaker, 1 Par. Sel. Cas., 98. The jurisdiction of courts of equity, in such cases, must be founded on principles and relations more consonant with the purposes and intentions of the members.
The bill alleges, that the association had accumulated a large sum by contributions, three thousand dollars of which were deposited with the banking-house of T. P. Miller & Co., which still remain on deposit, and the balance was loaned to the church, which is still unpaid. It having been ascertained, in 1882, that a number of the members had become so, largely in arrears that it would be impossible for them to pay the past monthly dues, it was agreed, for the purpose of continuing such association without loss to those who were able to contribute, and of placing the fund in a position that those in arrears might not lose the benefit of their previous contributions, that the amount on hand should be deposited for their mutual benefit, without stipulation as to the future use of the fund. Thereafter, a majority of'the members organized a new association, under the name of the t!New Belief Treasury of the
The new association occupies a different position. Erom the constitution, a copy of which is appended as an exhibit to the bill, it appears that the member’s of the church are members of the association. Its officers are confined to the “Deacon Board,” appointed by, and subject to such restrictions and laws as may be prescribed by the church. It is an organization within, incidental to, and controlled by the church. Conceding the- allegations of the hill, the conduct of the pastor is inexcusable — a usurpation of arbitrary power, to dismiss complainants and others from the church and the association, without a hearing and trial, and contrary to a vote of a majority of the members. Such dismissal is nugatory, and is not sufficient cause for distribution of the fund. No action has been had by the association, or by the church. The operations of the association have not ceased, nor have its objects entirely failed. So long as it is in existence, and continues its authorized operations, no member has the right to withdraw the amount contributed by him. If either of the complainants has been illegally deprived of his rights of membership, or ousted of his functions as trustee, it may be that, on proper proceedings, he would be restored and reinstated; but, on the case made by the bill, the fund raised by the new association can not be distributed among the members.
The want of necessary parties, and multifariousness, are not assigned as causes of demurrer, and are not considered nor determined.
The fourth cause of demurrer should have been sustained. As to the other causes, the demurrer, going to the entire bill, was properly overruled. The decree will be accordingly amended, and as amended affirmed. Let the costs of appeal in the Chancery Court be divided.