volved as are here presented, we must decline at this time to pass upon the merits of the case.

Relator's rights either have been or may be fully protected by the payment into court of a sum of money sufficient to entitle him to a reconveyance upon any theory, after which the matters in controversy can be determined by the court to which relator has already appealed and which has assumed jurisdiction.

Writ denied.

STEERE, C. J., and MOORE, MCALVAY, KUHN, STONE, OSTRANDER, and BIRD, JJ., concurred.

SNOVER v. BOYNTON.

1. APPEAL AND ERROR-DEMURRER-MULTIFARIOUSNESS-SPECIAL DEMURRER-EQUITY.

The objection that a bill is multifarious is not a ground of general demurrer and an order overruling it is not appealable.

2. CORPORATIONS-OFFICERS AND DIRECTORS-ACCOUNTING-BENEFICIAL ASSOCIATIONS-RECEIVER-EQUITY.

The receiver of a mutual fraternal organization engaged in loaning and investing funds is entitled to maintain a suit in equity for accounting as against officers and directors of the association who were charged by the pleading with having neglected their duties, permitting the secretary of the organization to handle funds in an improper and unauthorized manner, as set forth in the bill, and failing to audit his accounts in a reasonably careful manner, so that he was enabled to convert funds of the association to his own use and to make loans to his wife and otherwise divert the property of the association.

3. SAME-PARTIES-JOINDER.

The several officers and directors of the association who were jointly and severally charged by averments of the bill with neglect, were properly made joint defendants; a demurrer was properly orerruled although no conspiracy was averred.

Appeal from St. Clair; Beach, J. Submitted November 20, 1912. (Docket No. 77.) Decided January 3, 1913.

Bill by Horace G. Snover as receiver of the United Home Protectors' Fraternity against Charles L. Boynton and others for an accounting and general relief. From an order overruling demurrers of the defendants to complainant's bill defendants appeal. Affirmed.

Lincoln Avery and Thomas Wellman, for complain

ant.

H. L. Stevens (William Mitchell, of counsel), for defendant Wilson.

Phillips & Jenks, for other defendants.

OSTRANDER, J. In a bill of complaint filed, probably, in April, 1911, in the circuit court for the county of St. Clair, in chancery, the court is advised that complainant is receiver of the United Home Protectors' Fraternity, including the supreme lodge thereof, the purposes and powers of which fraternity were:

"To unite fraternally all reputable persons of legal age thereby promoting the social relations of its members. To diffuse the principles of economy, industry, benevolence and charity, and to more particularly encourage and foster the incentive to home building. To transact a building and loan business through the lodge system, embracing tontine and maturing benefits, with a liability limited to the payment of the matured certificates of the persistent members. To issue membership certificates in series or otherwise, to be paid out of the investment funds of the order, upon the maturity of such certificates, or as hereinafter provided. To loan money to its members and

enforce the collections of all debts and obligations due to the order. To purchase at sheriff's sale or other judicial sale, or at any other sale, public or private, any real estate upon which the order may have a claim, and the real estate so purchased to sell, convey, rent, lease or mortgage to any person or persons whomsoever."

The supreme lodge of the fraternity was organized in January, 1894, when it filed articles of incorporation under the provisions of Act No. 68 of the Public Acts of 1893, pursuant to which it designated the Commercial Bank of Port Huron as depositary of its funds and securities, and no other depositary was designated prior to March 28, 1908. The fraternity is insolvent and not able to pay its creditors. (When it became insolvent, or when complainant was appointed its receiver, does not appear.) Certain persons who are made parties defendant were, on March 20, 1908, and for some years prior to that date, officers of the supreme lodge of said fraternity, and had assumed to perform the duties of the respective offices.

"Sixth. It was the duty of the said corporation through its officers, the supreme executive board and the supreme board of trustees, to cause to be deposited all of the funds and securities of said fraternity in the said officially designated depositary, viz., the Commercial Bank of Port Huron. When said funds were so deposited in said officially designated depositary, it became the duty of the proper officers to divide, and to cause to be divided, said funds into three separate funds or accounts as follows: A maturing benefit fund, a general fund, and an investment fund. And it then became and was the duty of the said supreme executive board and the individuals thereof, jointly and severally as trustees, directors, and officers and the depositary, viz., the Commercial Bank, to guard and protect the said funds, moneys, and securities of and belonging to the said corporation and to see that the same were not dissipated, lost or used for any other purpose or purposes than those purposes designated in Act No. 68 of the Public Acts of 1893, and the articles of incorporation and organization of said corporation and its laws hereto annexed, and made a part hereof.

"Seventh. This complainant alleges that it became the duty of the said supreme executive board and each mem

ber thereof and the said depositary, viz., the Commercial Bank, to create no other funds or accounts or permit any person or persons to create any other or different funds or accounts than the said maturing benefit fund account, the general fund account, and the investment fund account, and that it became and was their joint and several duties as a supreme executive board and individual members thereof and the board of supreme trustees, and the individual members of said board, and the officers of said corporation, to not allow or permit any money, funds, or securities to be withdrawn from any of said accounts in said depositary for the purpose of creating another or a different account known as a secretary's account, which this complainant alleges the said supreme executive board, the several officers of said corporation, and the supreme board of trustees did do and permit, viz., did permit and allow the creation of an account known as United Home Protectors' Fraternity account and referred to as the secretary's account or fund, and complainant alleges that the moneys and funds of said fraternity were withdrawn from the investment fund account, so kept with the said depositary, and transferred to an account known as the secretary's account, and complainant alleges that each and all of the said persons, officers, trustees, and boards and said depositary were guilty of great negligence and a want of due and ordinary diligence in allowing and permitting the creation of said secretary's account and the withdrawal from the investment fund account of funds and moneys as herein alleged and over which account said several persons and boards exercised no control whatever, which resulted in the loss of many thousands of dollars to said fraternity and its membership, all of which would have been prevented and the said funds and moneys saved to the said fraternity and its membership had due diligence, care, and attention been exercised by the said several persons or any of them in the performance of their duties as officers, trustees in the management of the business of said fraternity.

"Eighth. Complainant alleges that the said trust depositary and its officers and agents were not legally authorized to transfer any of the funds or moneys of the said corporation from the investment fund account, to the said unauthorized account, viz., the secretary's account, which the said trust depositary through its officers and agents did do, and complainant alleges that the said trust depos

itary, viz., the Commercial Bank, was guilty of great negligence in the performance of its duties as such depositary and trustee in transferring funds from the regular and legally authorized account to said secretary's account. 66 Ninth. The investment funds were loaned to members of said fraternity, who made application therefor, as provided by and in the by-laws of said order. The said funds were required to be deposited in the investment fund account so kept by the said trust depositary. Complainant alleges that for many years prior to the 28th day of March, 1908, the said officers, the supreme executive board and the supreme board of trustees, and the said depositary bank, its officers and employés, jointly and severally as boards and as individuals had permitted and allowed the supreme secretary of said order to withdraw funds from said investment fund account, contrary to and in violation of the act under which said fraternity was organized and in violation of its articles of organization and the laws of said fraternity, and to deposit them to his credit as secretary of said fraternity, and the said several boards and the members thereof and the said officers, trustees, and the said depositary, and its officers and employés, in so permitting the transfer and withdrawal of said funds, were each and all guilty of great negligence, which resulted in the loss of the funds of the said fraternity in a large amount aggregating $125,000 and upwards. The complainant alleges in this connection, as a part of this paragraph, that said William L. Wilson, supreme secretary, and other persons checked upon and drew from said secretary's account, so created in said depositary, large sums of money, a large amount of which this complainant alleges has not been accounted for and have not come to his possession as receiver of said corporation, and which were not used by said Wilson or any other person to pay and discharge obligations of the fraternity to its membership and which said funds are of right the property of this corporation and should be accounted for and returned to complainant as receiver therefor and for the benefit of said society and its membership.

"Tenth. Complainant alleges that through the negli gence, inattention, and mismanagement of the affairs of the said corporation, by its officers, supreme executive board, and supreme board of trustees, in not supervising, directing, and managing, collecting, and safeguarding the investment of its funds in accordance with the laws of