Legal Opinion

Belcher v. Manchester Building & Loan Ass'n

Supreme Court of New Jersey

Decided June 17, 1907PublishedCited by 6 opinions

On writ of error to the Passaic Circuit Court. This was ail action upon contract brought in the Passaic Circuit Court by the defendant in error (plaintiff below) against the plaintiff in error (defendant below). The declaration contained the common counts, and annexed thereto was a notice, in substance, that “this action is brought to recover the amount due to the plaintiff from the-defendant for the value of twenty, shares of the stock of the defendant corporation,…

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On writ of error to the Passaic Circuit Court. This was ail action upon contract brought in the Passaic Circuit Court by the defendant in error (plaintiff below) against the plaintiff in error (defendant below). The declaration contained the common counts, and annexed thereto was a notice, in substance, that “this action is brought to recover the amount due to the plaintiff from the-defendant for the value of twenty, shares of the stock of the defendant corporation, belonging to the plaintiff, and which the defendant has wrongfully refused to pay to the plaintiff, $800 of such value having…

1Opinion of the Court

*837The opinion of the court (the foregoing statement having been made) was delivered by

Green, J.

This action was brought to recover the withdrawal value of twenty shares' in the defendant association, which was incorporated under “An act to encourage the establishment of mutual loan, homestead and building associations." Gen. Stat., p. 331. The defence interposed was that the money had already been withdrawn by the plaintiff’s agent in that behalf.

First. The trial court refused to permit the jury to determine whether William II. Belcher had authority, as agent, to withdraw the value of the…

2Cases cited2 opinions

  1. Agricultural Insurance v. FritzSupreme Court of New Jersey · 1897
  2. McCormack v. Standard Oil CompanySupreme Court of New Jersey · 1897

3Cited by6 opinions

  1. Hudson Cooperative Loan Ass'n v. HorowytzSupreme Court of New Jersey · 1936
  2. Fuge v. Quincy Co-operative BankMassachusetts Supreme Judicial Court · 1938
  3. Marqusee v. Insurance Co. of North AmericaCourt of Appeals for the Second Circuit · 1914
  4. McCarthy v. Metropolitan Life InsuranceSupreme Court of New Jersey · 1908
  5. Aluminum Co. v. Preferred Metal ProductsDistrict Court, D. New Jersey · 1965

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