Redemption of Mortgages in Building Societies: the Judgment of the Lord Chancellor Considered in ...
Redemption of Mortgages in Building Societies: the Judgment of the Lord Chancellor Considered in ...
James Henry
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The Permanent Building Societies are not affected bj it We take the case to have been somewhat thus. The society in question was a terminating one. It was baaed upon the calculations of a ten years* existence. The rules gave a right of redemption to borrowing members upon payment of all subscriptions calculated according to the probable existence of the society ; but another rule provided also, that borrowing members re- deAning should be entitled to their proportionate share of the profits of ...the society. The plaintiff was a borrowing member, and desirous of redeeming. The society contended that he eonld do so only by payment of all subscriptions that would become due so long as the society was likely to last The plaintiff. on the contrary, said that he was also entitled to his share of the profits of the society. Other points were raised incidentally, but this was the material one, and it is this which the case decides. In this the Losd Chamckllob, reversing the decision of Wood V.C, has sided with the plaintiff, and, as we understand the report, has held that if the plaintiff is bound on the one hand to pay the full amount of the probable or possible prospective payments, he is also entitled to receive on the other his share of the profits of the society, calculated in like manner, and that the one is to be deducted from the other.
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