58 BULLETIN 1106, U. S. DEPARTMENT OF AGRICULTURE. 



interest of a member in such an association is not devisable or trans- 

 missible, and his estate receives nothing therefrom on his death '^^ in 

 the absence of a contractual or statutory provision to the contrary. 



WHO CONTROL AN ASSOCIATION. 



In the absence of an agTcement to the contrary, within the scope 

 of the objects for which an association was formed, whether such 

 objects are mentioned in the constitution or other paper defining the 

 objects of the association or necessarily implied therefrom, a ma- 

 jority of the members possess authority to control the action of the 

 association.''^ The majority controls only while it is doing those 

 things for which the association was organized. If it is desired to 

 have the association do something different from that for which it 

 was formed, unanimous consent is necessary.''^ 



NOTICE OF MEETINGS. 



Where the constitution or by-laws provide how members shall be 

 notified of meetings, they must be followed.^* In general, all mem- 

 bers are entitled to notice of all meetings and of the matters to be 

 considered at such meetings. Where matters of an unusual character 

 are to be considered at a meeting, it is particularly important that 

 the nature of the business be brought to the attention of each 

 member.''^ 



UNINCORPORATED ASSOCIATIONS AND THIRD PERSONS. 



The liability of the members of an association which is not or- 

 ganized or conducted for profit has been said to rest upon the prin- 

 ciples of agency .^^ An illustration will make this clearer. In a 

 Massachusetts case "^ the constitution stated that the association was 

 formed to stimulate interest in the breeding of pigeons and bantams. 

 It gave the board of directors charge of all public exhibitions of the 

 society and required each member to pay an initiation fee and an 

 annual assessment. An exhibition was held, and premiums were 

 offered. The expenses thereof were greater than the receipts. Cer- 

 tain of the members paid the bills. They then brought suit against 

 other members of the association to compel them to contribute their 

 respective proportions of the los^s sustained. The court said : 



Mere membersbip would not bind anybody for any further payment than 

 the initiation fee and annual assessment; but such members as participated in 



''^ Sommers v. Reynolds, 103 Mich. 307, 61 N. W. 501 ; also Mason v. Atlanta Fire 

 Co., 70 Ga. 604, 48 Am. K. 585. 



T2 4 Cyc. 310; Goller v. Stubenhaus, 134 N. Y. S. 1034. 



"Abels V. McKeen, 18 N. J. Eq. 462. 



''* Kuhl V. Meyer, 42 Mo. App. 474. 



'= State V. Seattle Baseball Assoc, 61 Wash., 79, 111, Pac. 1055. 



™5 C. J. 1363. 



■" Ray V. Powers, 134 Mass. 22. 



