People's Building, Loan & Saving Ass'n v. Platz
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Nicholas B. Platz, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 28th day of February, 1900, upon the decision of the court rendered after a trial' at the Albany Trial Term, the jury having been discharged.
1Opinion of the Court
Parker, P. J.:
After a careful study of the articles of association and by-laws of the plaintiff, and the certificate issued by it, I am satisfied that the defendant had no idea of the contract into which he really entered when he executed the mortgage in question. The situation of the respective parties at that time was substantially as follows:
The plaintiff is a loan and saving association, organized under chapter 122 of the Laws of 1851, and the acts amendatory thereof. As fixed by its articles of association, its capital is five millions of dollars, consisting of fifty thousand shares of…
2Cases cited2 opinions
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- O'Malley v. People's Building, Loan & Savings Ass'nNew York Supreme Court · 1895
3Cited by1 opinion
- Eagle Savings & Loan Co. v. BeakeyAppellate Division of the Supreme Court of the State of New York · 1914