Hoyt v. Harbor & Suburban Building & Savings Ass'n
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 31, 1907, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff was not in arrears at the time of making the demand for withdrawal and for the return of the money paid in.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 31, 1907, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff was not in arrears at the time of making the demand for withdrawal and for the return of the money paid in. (Richards on Ins. [2d ed.] 81; Butler v. A. L. Ins. Co., 10 J. & S. 342; Bradley v. J. H. L. Ins. Co., 20 App. Div. 22; Munn v. M.…
1Opinion of the CourtChase, J.
The plaintiff joined the defendant association and became a subscriber for twenty shares of its monthly payment stock on November 8, 1900. The stock was issued as of November 1, 1900, and the certificate states that it is issued and accepted subject to the articles of association, by-laws and terms and conditions expressed on the back thereof. Among the terms and conditions expressed on the back thereof are the following:
“ First. The member agrees to pay or cause to be paid without notice a monthly payment of 50c. per share for each share named herein.
“Second. The monthly payments on these…
2Cases cited4 opinions
- Insurance Co. v. EgglestonSupreme Court of the United States · 1878
- Insurance Co. v. WolffSupreme Court of the United States · 1877
- Bradley v. John Hancock Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
- Munn v. Masonic Life Ass'nAppellate Division of the Supreme Court of the State of New York · 1906