Associate

' A person united with another in business, office, enterprise, or other interest. Associates are persons united, or acting together by mutual consent or compact, in the promotion of some common object.' Associate attorney or counsel. A lawyer who assists another in a cause; co-counsel; a colleague. Associate in crime. A confederate in the commission of a criminal offense; an accomplice, q. V. Associate judge or justice. A judge who serves with another on the same bench, in distinction from the "chief" justice, the "president" or "presiding" judge, g. i'. Association. 1. The act or state of being joined in common interest. 2. An organization of persons without a charter, for business, humanity, charity, culture, or other purpose; any unincorporated society or body. 3. A body of persons invested with some, yet not full, corporate rights and powers: as, a joint-stock association; a bu Uding and loan association. When improvement of the members is the predominant idea, "society" seems to be the preferred •B^ord; and "company" or "partnership," when the idea is the making of profits. "Association" ex vi termini implies agreement, compact, union of minds, purpose, and action. May apply to those who are already associated with per- 1 3 Bl. Com. 186, 57, 60; 4 id. 369, 434; 3 id. 331; 1 id. 148, 411. a 3 Bl. Com. 58-59. ' Til. associatus, joined to; ad, to; socius, a follower, companion. sons named or those who may come in afterward: as, in acts of incorporation." Articles of association. The instrument which creates the union between the members of an incorporation, specifies the object and form of organization, the amount and shares of capital, the place of business, the corporators, etc.; and is distinguishable from the charter and the by-laws. Where individuals volimtarily associate together and adopt a name or description intended to embrace all of its members, and under which its contracts are made and its business carried on, such company can neither sue nor be sued by the name adopted, but in the individual names as partners. = To constitute a "partnership " there must be a community of interests for business purposes. Hence, voluntary associations or "clubs," for social and benevolent purposes and the like, are not proper partnerships, nor have their members the powers and responsibilities of partners. Thus, for example, while the members of a Masonic lodge may not be held as partners for a debt incurred by the lodge, each member who assented to or advised the outlay may be held liable as an individual. ^ Associations for mutual benevolence among their own members are not associations for purely " charitable uses." • The members of a committee, authorized to effect the incorporation of a voluhtary association, who neglect to perfect the re-organization, may be held as partners as between themselves, and non-participating members of the association be relieved from liability.^ See Bank, 2 (2); Building; By-Laws; Charter, 2; Chohch; Clubs; Company, 3; Corporation; Partnership; Stock, 3(3). 4. Association of words, see Nosci TtJB. ' [Lechmere Bank v. Boynton, 11 Cush. 330, ante. ' Covington Drawbridge Co. v. Shepherd, 20 How. 233 (1857), Taney, C. J.; Beatty v. Kmtz, 2 Pet. *SS5 (1839), Story, J.; 27 Alb. Law J. 336-29 (1883), cases. s See Thomas v. Ellmaker, 1 Pars. Sel. Eq. Cas. 98, 104, 111-12 (1844), cases; Laford v. Deems, 81 N. T. 614 (1880); Ash v. Uuie, 97 Pa. 490 (1881), cases; Be St. James's Club, 13 Eng. L. & Eq. 689 (1852); 3 Kent, 23; cases infra. 4Babb V. Eeed, 5 Eawle, 160 (1835); Gorman v. Russell, 14 Cal. *53."j-38 (1860), cases. But some cases hold that Masonic lodges are "charities,"

— Duke v. Fuller, 9 N. p. 536 (1838); Burdine v. Grand Lodge, 37 Ala. 478 (1861); Indianapolis v. Grand Master, 25 Ind. 518 (1865); Savannah v. Solomon's Lodge, 63 Ga. 93 (1874). Contra, Bangor v. Rising Virtue Lodge, 73 Me. 428, 4.34 (1882) — the funds of a " public charity " are derived from gifts and devises, and it is open to the whole public,

— Appleton, C. J. 5 See Ward v. Brigham, 127 Mass. 24 (1879); Volger v. ■Ray, 131 id. 439 (1881); Ferris v. Thaw, 72 Mo. 446 (1880).