118 BULLETIN 1106, U. S. DEPARTMENT OF AGRICULTURE 
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 1 or are expelled 2 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. 3 Although a majority of the 
members of an association withdraw, the right of those who re- 
main to continue the association appears clear, and this right carries 
with it the right to the property of the association. 4 In a Michigan 
case 5 it was said : 
It has been many times decided that persons who withdraw from a vol- 
untary association 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 mem- 
bers 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- 
mous consent of the members. 6 Upon the dissolution of an unincor- 
porated association, unless otherwise provided by its rules, its prop- 
erty after payments of its debts should be distributed pro rata among 
those who were members at the time of such dissolution. 7 
APPENDIX 
THE BINGHAM CO-OPERATIVE MARKETING ACT 
[Acts of Kentucky, 1922, chapter 1] 
1. Declaration of policy. — (a) In order to promote, foster and encourage the 
intelligent and orderly marketing of agricultural products through cooperation; 
and to eliminate speculation and waste; and to make the distribution of agri- 
cultural products between producer and consumer as direct as can be efficiently 
done ; and to stabilize the marketing of agricultural products, this act is passed. 
2. Definitions. — As used in this act, 
(a) The term "agricultural products" shall include horticultural, viticul- 
tural, forestry, dairy, livestock, poultry, bee and any farm products. 
(o) The term "member" shall include actual members of associations with- 
out capital stock and holders of common stock in associations organized with 
capital stock. 
(c) The term " association " means any corporation organized under this 
act; and 
(d) The term "person" shall include individuals, firms, partnerships, corpo- 
rations, and associations. 
Associations organized hereunder shall be deemed " nonprofit," inasmuch as 
they are not organized to make profit for themselves, as such, or for their 
members, as such, but only for their members as producers. 
99 Kelley v. Grand Circle Women of Woodcraft, 40 Wash. 691, 92 P. 1007. 
i Richardson v. Harsha, 22 Old. 405, 98 P. 897 ; see also Schwartz v. Duss, 187 U. S. 8. 
2 Missouri Bottlers' Ass'n v. Fennerty, 81 Mo. App. 525. 
8 Cases cited above. 
* McFadden v. Murphy, 149 Mass. 341, 21 N. E. 868 : Altmann v. Benz. 27 N. J. Eq. 331. 
6 Walters v. Pittsburgh & Lake Angeline Iron Co., 201 Mich. 379, 167 N. W. 834, 837. 
8 Sommers v. Reynolds, 103 Mich. 307, 61 N. W. 501 ; Parks v. Knickerbocker Trust Co., 
122 N. Y. S. 521. " 
7 Cases last cited. 
