Legal Opinion

People Ex Rel. Fairchild v. . Preston

New York Court of Appeals

Decided January 16, 1894PublishedCited by 19 opinions

Appeal from order of the General Term of the Supreme Court in the third judicial department, made December 5, 1893, which affirmed an order of Special Term denying an application by the relator for a mandamus against the superintendent of banks to compel him to approve and file a certificate of incorporation of the Peter Cooper Savings and Loan Society.

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Appeal from order of the General Term of the Supreme Court in the third judicial department, made December 5, 1893, which affirmed an order of Special Term denying an application by the relator for a mandamus against the superintendent of banks to compel him to approve and file a certificate of incorporation of the Peter Cooper Savings and Loan Society. The certificate in question recited that the signers thereof had associated themselves together “ to form a corporation for the purpose of accumulating a fund for the purchase of real property, the erection of buildings or the making of other…

1Opinion of the CourtEarl, J.

The relator and others attempted to form a corporation under article 5 of the Banking Law (Chapter 689 of the Laws of 1892), and for that purpose they made and acknowledged a certificate .under section 1Y0. They presented the certificate to the defendant as the superintendent of banks, to be approved and filed by him as required by that section, and he declined to approve or hie it on the ground that it provided for three kinds of stock, to wit, installment, prepaid and income stock, his claim being that such a corporation can have only installment stock to be paid for in installments. The…

2Cited by19 opinions

  1. Roby v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1894
  2. Hieronymus v. New York Nat. Building & Loan Ass'nU.S. Circuit Court for the District of Southern Alabama · 1899
  3. Roby v. New York Central & Hudson River RailroadNew York Court of Appeals · 1894
  4. O'Malley v. People's Building, Loan & Savings Ass'nNew York Supreme Court · 1895
  5. Johnson v. National Building & Loan Ass'nSupreme Court of Alabama · 1899

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