What is the difference between a deposit receipt and a membership book?

Alberta, Canada


The following excerpt is from Alberta (Treasurer) v. Hutterian Brethren Church of Smoky Lake, 1980 ABCA 101 (CanLII):

In Paget's Law of Banking 8th Edition, the above cases are referred to and at page 145 we have the following statement: " It has been generally understood that the interposition of anything constituting an unfulfilled condition precedent debarred the obligation from being either a debt owing or one accruing due. Thus, if the return of a deposit receipt or a membership book was made a condition of repayment or withdrawal of money, no debt arose until its return. If money in the hands of a friendly society is only repayable on specified notice and no such notice has been given, it has been held as much a condition precedent, when stipulated for, as the return of the membership book or deposit receipt, in Atkinson v. Bradford Third Equitable Benefit Building Society. Therefore an unfulfilled condition precedent was none the less a bar to garnishee proceedings because it lay with the judgment debtor to perform it or not as he wished. And on this basis there would seem to be no effective distinction between a condition precedent and a contingency. "

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