The Lyle claim, which is in fact composed of the claims of six individual claimants, but which we are dealing with here under the heading alone, cannot overcome the lack of pedigreability of the members of the predecessor or the closure of the account in 1918. Are you facing a legal problem and don`t know where to turn? Start here. Your options might surprise you. There is a president, a vice-president, a clerk, a secretary and a treasurer of the association and at least three other specially appointed directors. The term of office of each director is one calendar year (January 1 to December 31). During the last quarter of each year, the Board will announce a proposed list of directors for the following year and put them on the agenda of a General Meeting. At a general meeting in the last quarter of each year, the directors are elected. There is no limit to the number of terms that directors can serve, except for the President and the Treasurer. The President may not serve more than 3 consecutive one-year terms with a lifetime term of 12 years. The treasurer may not serve more than 8 consecutive one-year terms with no lifetime limit.

[3a] Jacob`s ancestor, John McHugh, opened an account with the Hibernia Savings and Loan Society in 1859 with a deposit of $5.00 and closed his account on December 28, 1866, withdrawing all his balance. Hibernia`s charter of 1859 contains his signature as one of the original founders and trustees of this company. As a director he supported Gustave Touchard`s decision that Hibernia of 1859 “used the provisions of the acts of 1862 and 1864 to include it as an associative organization. In Appendix A of the charter of 29 Aug. 1864 he is named as one of the 11 directors “who shall direct the affairs of the said company during the first six months of its existence.” He signed Hibernia`s “Agreement to Become Members” in 1864. McHugh died in 1909, leaving Jacob as “heir, legatee, or currency.” Visitors are welcome, especially if you are considering becoming a member. Existing members are encouraged to invite other business people to participate. Visitors can participate a maximum of three times while considering joining. McHugh closed his account in 1866. The analysis outlined in Spencer`s Deposit Problem Analysis applies here. In the Spencer case, we analyzed Hibernia of 1864 as being “structured according to the concept of the depositor-member” and discussed the validity of Article 4 of the 1864 Statutes, as amended on February 10, 1868, concerning the termination of membership on the basis of a closed account. The rationale for these analyses and discussions also applies here.

Therefore, as the trial court expressly stated, McHugh`s membership ended with the closure of this account in 1866. For now, we are solving some problems that are common to all cases. We have established that the second and fourth charges are based exclusively on the fact that the ancestor of each complainant is filed. The summary judgments state that “no depositor of the defendant bank has ever had rights analogous to membership rights or rights or interest in the bank assets of the defendant in his capacity as depositor. with the exception of a creditor, upon payment of the credit balance of his deposit account … We pointed out in Carew (Carew v Hibernia Bank (1960), Post, at p. 764 [9 Cal.Rptr. 905]) that a mere deposit would not be sufficient to substantiate the claim in Carew, but in any event we find no serious allegation in the appellants` pleadings on this point. The plaintiffs allege that their predecessor, Gustave Touchard, moved the motion, seconded by McHugh, that Hibernia of 1859 use “the provisions” of the Acts of 1862 and 1864 to integrate itself as an associative organization, and that he was appointed in the charter of August 29, 1864 as one of the 11 directors “who are to administer the affairs of the said Society during the first six months of its existence. Touchard signed the “Agreement to Become a Member”. Respondents admit that Touchard was a member of Hibernia. His account was closed on 1 Aug. 1888 by withdrawing all funds by payment to the executors.

As Kelly became a member by election after the adoption of the amendment to section 4 of the 1864 Statutes, his status is the same as that of his predecessor in the Doyle case, and the judgment applies in this case.