Legal phases of cooperative associations. 61 



courts would aiford no relief if a member were expelled in good 

 faith for such a cause.^* This is undoubtedly the general rule.*^ 

 However, all rules of the association relative to expulsion must be 

 followed.®^ 



The constitution or by-laws of the association may place the entire 

 matter of disciplining, suspending, or expelling members in a com- 

 mittee or like body. ^^ Such a provision in the constitution or by- 

 laws, like other legal provisions in such instruments, is binding upon 

 all members assenting to them. 



It has been said with reference to unincorporated associations that 

 the " Courts never interfere except to ascertain whether or not the 

 proceeding was pursuant to the rules and laws of the society, whether 

 or not the proceeding was in good faith, and whether or not there 

 was anything in the proceeding in violation of the law of the land," ®^ 

 It is believed this states the general rule. 



WITHDRAWING OR EXPELLED MEMBERS RECEIVE NOTHING. 



In the absence of a contract or statute on the subject, the rule ap- 

 pears to be settled that those who withdraw ^^ or are expelled ^° from 

 an unincorporated association are not entitled to compensation for 

 their interest in the association and that they thereby lose all rights 

 in the property of the association. ^^ Although a majority of the 

 members of an association withdraw, the right of those who remain 

 to continue the association appears clear, and this right carries with 

 it the right to the proprety of the association. ''^ In a Michigan case ^^ 

 it was said : 



It has been many times decided that persons who withdraw from a voluntary 

 assoeiatiori are not entitled to any portion of its property, and that those who 

 remain have the right to the property of the association and its use so long as 

 any of the members remain, and clearly withdrawing members ought not to 

 decide the right of those not withdrawing to continue the association. 



DISSOLUTION. 



In the absence of a statutory or contractual provision to the con- 

 trary an unincorporated association can be dissolved only by unani- 



8* Connolly v. Masonic Mutual Benefit Ass'n., 58 Conn. 552, 20 Atl. 671, 9 L. R. A. 428. 



^^ See case last cited and note in 9 L. R. A. 428. 



88 Farmer v. Board of Trade, 78 Mo. App. 565 ; Kelley v. Grand Circle W. of W., 40 

 Wash. 693, 82 Pac. 1007. 



^'' Harris v. Aiken, 76 Kan. 516, 92 Pac. 537. 



88 Kelley v. Grand Circle of Woodcraft, 40'Wash. 691. 82 Pac. 1007. 



80 Richardson v. Harsha, 22 Okla. 405, 98 Pac. 897 ; see also Schwartz v. Duss. 187 

 U. S. S. 



»« Missouri Bottlers Ass'n. v. Fennerty, 81 Mo. App. 525. 



^1 Cases cited above, 



»2McFadden v. Murphy, 149 Mass. 341, 21 N. E. 868; Altman v. Benz, 27 N. J. Eq. 

 331. 



»3 Waiters r. Pittsburgh & Lake Angeline Iron Co., 201 Mich. 379, 167 N. W. 834. 



