McGovern v. Cosmopolitan Savings & Loan Ass'n
Superior Court of Pennsylvania
Appeal, No. 15, April T., 1910, by defendant, from order of C. P. No. 4, Allegheny County, First T., 1909, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Louisa McGovern v. Cosmopolitan Savings & Loan Assn. Assumpsit by a withdrawing stockholder of a building and loan association.
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Appeal, No. 15, April T., 1910, by defendant, from order of C. P. No. 4, Allegheny County, First T., 1909, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Louisa McGovern v. Cosmopolitan Savings & Loan Assn. Assumpsit by a withdrawing stockholder of a building and loan association. Before Cohen, J. The facts are stated in the opinion of the Superior Court. • Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Rice, P. J.,
The question involved in this case is whether the plaintiff, a withdrawing stockholder whose notice had been filed but not otherwise acted upon by the association and whose turn had not been reached for payment in the regular order of application for the same, had the right to sue the association and obtain judgment for the undisputed amount of his claim, subject to the power of the court to restrain execution until his turn should be reached. Section 2 of the Act of April 12, 1859, P. L. 544, relative to building and loan associations, provided that any stockholder…
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