Lynn v. Freemansburg B. & L. Ass'n
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY. No. 231 January Term 1887, Sup. Ct.; court below, No. 40 April Term 1885, C. P. This cause, a scire facias sur mortgage, by The Freemansburg Building and Loan Association against Josephus Lynn, by agreement of the parties was submitted to the decision of the com't without a jury, under the act of April 22, 1874, P. L. 109. The court, W. W. Schuyler., P. J., after the case was closed on the evidence, found the…
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ERROR TO THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY. No. 231 January Term 1887, Sup. Ct.; court below, No. 40 April Term 1885, C. P. This cause, a scire facias sur mortgage, by The Freemansburg Building and Loan Association against Josephus Lynn, by agreement of the parties was submitted to the decision of the com't without a jury, under the act of April 22, 1874, P. L. 109. The court, W. W. Schuyler., P. J., after the case was closed on the evidence, found the following facts: The Freemansburg Building and Loan association, plaintiff, was duly incorporated on November 20, 1872, under…
1Opinion of the Court
Opinion,
Mr. Justice Gbeen :
We are clearly of opinion that the literal meaning of the bylaw of this plaintiff, which imposes fines upon members for non-payment of dues or interest, is, that the fine of ten per cent, is imposed upon the aggregate amount of all money due at the end of each month no matter for what cause. This would include fines previously imposed, as well as the amount previously owing for dues and interest. The question then arises whether such a by-law is a valid exercise of the legislating power of the association.
It is not claimed that the general law of 1859, under which…
2Cases cited5 opinions
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- Shannon v. Howard Mutual Building Ass'nCourt of Appeals of Maryland · 1872
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- Ocmulgee Building & Loan Ass'n v. ThomsonSupreme Court of Georgia · 1874
- Monumental Permanent Building & Land Society v. LewinCourt of Appeals of Maryland · 1873
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- Florida Industrial Commission v. Felda Lumber Co.Supreme Court of Florida · 1944
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