Legal Opinion

Booz's Appeal

Supreme Court of Pennsylvania

Decided June 4, 1885No. 2PublishedCited by 6 opinions

Appeal from the Court of Common Pleas of Luzerne county : Of July Term 1885, No. 2. Appeal of H. N. Booz et al. from the decree of the court of Common Pleas of Luzerne county, dismissing a bill in equity filed by the appellants against the Mechanics’ Building and Loan Association and its officers for the purpose of having dedared void and ultra vires a certain by-law of the defendant association which authorized the payment of interest at 15 per cent, to certain withdrawing…

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Appeal from the Court of Common Pleas of Luzerne county : Of July Term 1885, No. 2. Appeal of H. N. Booz et al. from the decree of the court of Common Pleas of Luzerne county, dismissing a bill in equity filed by the appellants against the Mechanics’ Building and Loan Association and its officers for the purpose of having dedared void and ultra vires a certain by-law of the defendant association which authorized the payment of interest at 15 per cent, to certain withdrawing members; and certain acts of the directors defendant in cancelling the stock of borrowing members on their payment of…

1Opinion of the CourtJustice Paxson

The Mechanics’ Building and Loan Association of South Wilkes-Barre, appellee, was evidently incorporated under the Act of 12th April, 1859 (P. L., 544). It was held in Rhoads v. Hoernerstown Building and Savings Association, 1 Norris, 180, that said Act was general and impliedly repealed the whole system of patchwork by which building associations had been chartered prior to its passage. The contention that the building association, appellee, was incorporated under the subsequent Act of 26th March, 1867 (P. L., 44), is of little importance. An examination of said Act shows that by the third…

2Cited by6 opinions

  1. Stone v. New Schiller B. & L. Ass'nSupreme Court of Pennsylvania · 1928
  2. Frisby v. Armenian-American B. & L. Assn.Superior Court of Pennsylvania · 1932
  3. Floyd-Jones v. AndersonMontana Supreme Court · 1904
  4. Nannie MICKLES, Plaintiff-Appellant, v. Donna SHALALA, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Fourth Circuit · 1994
  5. Silfies v. Tashner, Pennsylvania Court of Common Pleas, Northampton County1979

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