Healy v. Eastern Building & Loan Ass'n
Superior Court of Pennsylvania
Appeal, No. 9, Feb. T., 1901, by defendant, from order of C. P. Clinton Co., May T., 1900, No. 152, making absolute rule for judgment for want of a sufficient affidavit of defense in case of John G. Healy v. The Eastern Building and Loan Association of Syracuse, New York. Assumpsit by a withdrawing member against a building and loan association.
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Appeal, No. 9, Feb. T., 1901, by defendant, from order of C. P. Clinton Co., May T., 1900, No. 152, making absolute rule for judgment for want of a sufficient affidavit of defense in case of John G. Healy v. The Eastern Building and Loan Association of Syracuse, New York. Assumpsit by a withdrawing member against a building and loan association. From the record it appeared that the defendant is a corporation organized under the laws of the state of New York for the purpose and with the power of conducting a general building association business in New York and other states. On January 1,…
1Opinion of the Court
Opinion by
Rice, P. J.,
It is to be noticed that the plaintiff does not allege that his stock had “ matured,” either by reason of his payment of monthly instalments amounting to $100 per share, or by reason of its being worth $100 per share. He does not claim, and without such allegation could not do so successfully, that the defendant was bound to pay him $100 per share forthwith after he had paid seventy-eight monthly instalments. The clause of the certificate, which standing by itself, seems to hold out that promise, when read in connection with the succeeding clauses of the certificate, the…
2Cases cited25 opinions
- Barron v. BurnsideSupreme Court of the United States · 1887
- Bedford v. Eastern Building and Loan Assn.Supreme Court of the United States · 1901
- Appeal of ChristianSupreme Court of Pennsylvania · 1883
- Brooke v. New York, Lake Erie, & Western R. R.Supreme Court of Pennsylvania · 1885
- Forepaugh v. Del. R., Pennsylvania Court of Common Pleas, Philadelphia County1889
20 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Central Contracting Co. v. C. E. Youngdahl & Co.Supreme Court of Pennsylvania · 1965
- Churchill Corp. v. Third Century, Inc.Supreme Court of Pennsylvania · 1990
- Hartley Silk Manufacturing Co. v. BergSuperior Court of Pennsylvania · 1911
- Stoddard v. ThomasSuperior Court of Pennsylvania · 1915
- Hagerstown Paint & Glass Co. v. Hill, Pennsylvania Court of Common Pleas, Franklin County1958
5 more not listed; retrieve them via the Exa API.