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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gaff and Others Petitioners [1893] ScotLR 30_758 (15 June 1893) URL: http://www.bailii.org/scot/cases/ScotCS/1893/30SLR0758.html Cite as: [1893] SLR 30_758, [1893] ScotLR 30_758 |
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Page: 758↓
Certain members of a building society presented a petition in the Inner House, stating that circumstances had rendered it impossible to wind up the society under the Building Societies Act 1874, and craving the appointment of a judicial factor.
Held that the petition should be presented to the Junior Lord Ordinary.
In 1890 an instrument of dissolution of the Second Edinburgh and Leith 493rd Starr-Bowkett Building Society was executed, and in March 1891 the trustee appointed under this instrument raised an action against Aitken, a member of the society, for a debt alleged to be due by him to the society. Aitken pleaded “No title to sue,” and this plea was sustained and the action dismissed, on the ground that the instrument of dissolution had not been validly executed in terms of section 32 of the Building Societies Act 1874—( vide vol. xxix. 456, and 19 R. 603).
Thomas Gaff, and other members of the society, thereafter presented a petition to the First Division for the appointment of a judicial factor on the estate of the society, so far as not already ingathered or distributed.
The petitioners stated that there was now no trustee or board of management or other officer of the society who could demand payment of the debt due by Aitken; that under the rules no one could now call a meeting; and that it was “impossible to terminate or dissolve the society under section 32 of the Building Societies Act 1874.”
The petitioner argued that the petition, being an appeal to the nobile officium of the Court, was properly presented in the Inner House.
The Court declined to entertain the petition, on the ground that it should have been presented in the Outer House.
Counsel for the Petitioners— Galloway. Agent— Robert John Calver, S.S.C.