Appeal of Passyunk Building Ass'n
Supreme Court of Pennsylvania
Appeal from a decree of the Court of Common Pleas, No. 4, of Philadelphia county: Of January Term 1876, No. 263. ' In Equity. This was a bill in equity, filed by Dennis Hamilton against the Passyunk Birilding Association and James P. McCloskey, which set forth that the building association was a body corporate, created by the Court of Common Pleas and having the powers of a building -and loan association, under the Act of April 12th 1859, Pamph.
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Appeal from a decree of the Court of Common Pleas, No. 4, of Philadelphia county: Of January Term 1876, No. 263. ' In Equity. This was a bill in equity, filed by Dennis Hamilton against the Passyunk Birilding Association and James P. McCloskey, which set forth that the building association was a body corporate, created by the Court of Common Pleas and having the powers of a building -and loan association, under the Act of April 12th 1859, Pamph. L. 544; that plaintiff has held ten shares in said association since 1868; that by article 7 of its by-laws each member is bound to pay one dollar…
1Opinion of the CourtJustice Woodward
In the condition of the Passyunk Building Association existing when this bill was filed, the necessity for a proceeding in equity to adjust and secure the rights of its members was manifest. ' Dissensions had grown up, arrears of monthly dues were increasing, and no meeting had been held during the preceding six months. Payments on account of loans they had obtained were refused by the debtors of the association, and its cash means were alleged to be wholly in the possession of James McCloskey, its president, and the individual defendant in this suit. The collusive neglect or refusal of the…
2Cases cited1 opinion
- Robinson v. SmithNew York Court of Chancery · 1831
3Cited by10 opinions
- Graham v. CummingsSupreme Court of Pennsylvania · 1904
- Paton v. ClarkSupreme Court of Pennsylvania · 1893
- Sprigg v. Commonwealth Title Insurance & Trust Co.Supreme Court of Pennsylvania · 1903
- Mercantile Library Co. v. University of PennsylvaniaSupreme Court of Pennsylvania · 1908
- Merchants' Nat. Bank of Mobile v. RocheSupreme Court of Alabama · 1933
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