Katz v. David Fine Building & Loan Ass'n

Lewis, J.,

— This is a rule for judgment for want of a sufficient affidavit of defense. In his statement of claim the plaintiff avers that on April 10, 1929, he gave to the defendant building and loan association written notice of a desire to withdraw from the building and loan association, and that since that time he has been unable to receive payment of the moneys invested by him with the defendant association.

As a defense to plaintiff's claim, it is averred that on April 10, 1929, the building association “had insufficient assets to repay its stockholders the full paid-in value of their…