Minnitt v Lord Talbot De Malahide and Others

• Jurisdiction: Ireland
• Judgment Date: 22 November 1876
• Date: 22 November 1876
• Court: Chancery Division (Ireland)

CHANCERY DIVISION.

MINNITT

and

LORD TALBOT DE MALAHIDE AND OTHERS.

Harris v. LeeENR 1 P. Wms. 482.

Marlow v. PitfieldENR 1 P. Wms. 559.

Deare v. SouttenELR L. R. 9 Eq. 151.

In re German Mining Company 4 D. M. & G. 19.

Balch v. HyhamENR 2 P. Wms. 453.

James v. May R. 6 H. L. 328.

Earl of Mountcashell v. BarborENR 14 C. B. (N. S.) 53.

Butler v. CumpstonELR L. R. 7 Eq. 16.

In re Magdalena Steam Navigation Company v. JohnENR John. 690.

Dugdale v. LoveringELR L. R. 10 C. P. 196.

Walworth v. Hott 4 M. & Cr. 419.

Charitable Corporation v. SuttonENR 2 Atk. 400.

Foxcroft v. WoodENR 4 Russ. 487.

Bristowe v. WhitmoreENR 9 H. L. C. 391.

Tooth v. HallettELR L. R. 4 Ch. App. 242.

National Permanent Benefit Building Company, Exparte WilliamsonELR L. R. 5 Ch. App. 309.

Lake v. Gibson 1 Eq. Cas. Abr. 290.

Hamilton v. DennyUNK 1 Ball & B. 199.

Jones v. JonesENR 5 Hare, 465.

Neeon v. ClarksonENR 4 Hare, 94.

Ludlow v. GrayallENR 11 Price, 58.

Middleton v. MasseyENR 2 H. & M. 253.

Scott v. Nesbitt 14 Ves. 438.

Daniel v. Trotman 1 Moo. P. C. C. (N. S.) 564.

Morison v. MorisonENR 2 Sm. & Giff. 564; on app. 7 D. M. & G. 215.

Myers v. United Guarantee and Life Association 7 D. M. & G. 112.

Lawries v. Banks 4 Jur. (N. S.) 299.

In re National Financial Company, Ex parte The Oriental BankELR L. R. 3 Ch. App. 791.

United Joint Stock Banking Company v. KingENR 25 Beav. 72.

In re Cork and Youghal Railway CompanyELR L. R. 4 Ch. App. 748.

In the Matter of St. James' Club 2 D. M. & G. 383.

Hopkinson v. The Marquis of ExeterELR L. R. 5 Eq. 63.

Flemyng v. HectorENR 2 M. & W. 172.

Todd v. EmlyENRENR 7 M. & W. 427; 8 M. & W. 505.

Cockrell v. AncompteENR 2 C. B. (N. S.) 441.

Earl of Mountcashell v. BarborENR 14 C. B. (N. S.) 53.

Richardson v. HastingsENR 7 Beav. 323.

Richardson v. Hastings and EmlyENR 11 Beav. 17.

Club — Advances for improvement of Club-house, with authority of Committee — Personal liability of members — Lien on property of the Club — Decree for sale.

Vol.. 1.] CHANCERY DIVISION. 143 M. Club-Advances for improvement of Club-house, with authority of Committee- . 1876 Personal liability of members-Lien on property of the Club-Decree for Nov. 18, 20, 21, 22. sale. At a general meeting of the members of a Club, a resolution was passed authorising the Managing Committee of the Club to raise £1000 for the purpose of improving and adding to the buildings of the Club-house, and providing the necessary fittings and furniture therefor ; the Committee, being unable to raise the money by a mortgage of the Club property, raised it on the guaÂrantee of some individual members of the Committee ; the money was expended for the purposes aforesaid, and the members of the Club enjoyed the advantages of the improvements made and the furniture so bought. The indiÂvidual members of the Committee having had personally to pay the amount so raised :-Ileld, that they had a lien or charge on the Club premises so added to and improved, and on the furniture and all the other property of the Club acquired or purchased by the money advanced by them, and the Court decreed payment, or in default gave them liberty to apply for a sale of such property. THE Irish Farmers' Agricultural Club was established in the year 1853. By Rule 3 of the Club it was provided that its busiÂness should be managed by a Committee who should have the entire management and superintendence of the affairs of the Club, and of its income, funds, and property, and the hiring or purchase of suitable premises and furniture. The Club occupied a house at No. 42, Sackville-street, Dublin, as tenants from year to year to the Agricultural Society, who held it for a short term of years from the Earl of Gosford. In the year 1859, the upper part of the house not affording sufficient accomÂmodation for the Club, it was resolved by the Committee to make additions thereto, and a Sub-committee was appointed to report what additions or improvements were necessary. The SubÂcommittee made a report, which was submitted to a meeting of the Committee on the 8th of November, 1859, and it was resolved unanimously that an application should be made to the Earl of Gosford for a new lease to the trustees of the Agricultural Society, and that, in the event of such lease being obtained, the Society 144 LAW REPORTS (IRELAND). [L. L M. R. should grant a new lease to the Trustees or Committee of the Club for 1876. the same term, less by six months. The application was made, and MINNITT that arrangement was agreed to by the Earl of Gosford and the LD. TALBOT Royal Agricultural Society; a plan of proposed improvements was DE laid before and adopted at an annual general meeting on the 13th MALAILIDE. of April, 1860, and at a special general meeting on the 8th of May, 1860, the Committee were authorised to borrow £500 on £5 per cent. debentures, to carry out the improvements. By a lease, dated the 4th of January, 1861, the Earl of Gosford demised the Club-house to the Trustees of the Royal Agricultural Society for 99 years, at a rent of £141. The lease contained a covenant by the lessees to lay out, within twelve months, not less than £500 on good and permanent improvements. Accordingly the improveÂments were carried out. They consisted of the erection and furnishing of a coffee-room, billiard-room, bed-rooms, &c., for the accommodation of the members of the Club. By a lease dated the 24th of June, 1863, reciting the lease of the 4th of January, 1861, and that the sum of £500 and upwards had since been expended in making good and permanent improveÂments by the Committee of the Club, the Trustees of the Royal Agricultural Society demised the Club-house to Lord Talbot de Malahide, Sir Percy Nugent, and Matthew O'Reilly Dease, as Trustees for the Club, for 98 years from the 1st of May, 1860, at the rent of £60. The Committee having failed to raise the sum required for the improvements by debentures, various means were resorted to, to procure it. Their proceedings are stated in the judgment. UltiÂmately it was procured on the guarantee of the Plaintiffs Richard Allen Minnitt and Alexander E. M'Clintock, together with eight other members of the Committee, dated the 10th of May, 1864. The Plaintiffs and personal representative of another guarantor having paid off the debt, which amounted to £1000, the bill was filed to recover it. The Defendants were Lord Talbot De Malahide and. Mr. O'Reilly Dease, the surviving trustees of the lease of the 24th of June, 1863, the existing Committee of the Club, and the co-guarantors, some of whom had declined to join the Plaintiffs in the bill. The bill charged that the number of the members of the Club VOL. I.] CHANCERY DIVISION. 145 was so great, and the rights and liabilities of such members so R. subject to change and fluctuation, by death or otherwise, that it 1876. was not possible, without the greatest inconvenience, to make them Mniiirrr parties, and that to do so would render it impossible to bring the Ln. TALBOT. suit to a hearing. It prayed an account of the sums paid by the Plaintiffs and the other guarantors under the guarantee of the 10th of May, 1804 ; an account of how much of said sum respecÂtively was expended in...