Linsk v. Lester M. Bloch Building & Loan Ass'n

Stern, P. J.,

— This is a rule for judgment for-want of a sufficient affidavit of defense. The plaintiff is a withdrawing stockholder who paid in on his stock a total of $9600, against which he had a stock loan from the association of $5000. On December 22, 1930, he gave written notice of his desire to withdraw. He alleges in his statement of claim that at that time the association was solvent, and, indeed, according to its statement issued at the end of the year 1930, showed profits in excess of $100,000. The statement of claim further alleges that since the plaintiff’s notice of withdrawal…