Legal Opinion

McKenney v. Diamond State Loan Ass'n

Superior Court of Delaware

Decided December 18, 1889PublishedCited by 7 opinions

Action on the case as a withdrawing member of the defendant loan association for amount due plaintiff. In April, 1884, McKenney joined the Diamond Loan Association, taking five shares of stock.

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Action on the case as a withdrawing member of the defendant loan association for amount due plaintiff. In April, 1884, McKenney joined the Diamond Loan Association, taking five shares of stock. He paid on these shares $5 a month from that date up to and including November, 1887, making 44 payments, amounting in all to $220. December 16, 1887, he gave notice to the loan association o'f his intention to withdraw from the association, and under the terms of article 16 of the by-laws of the association, became entitled to receive “ the amount ractually paid in by him, less all fines, interest and…

1Opinion of the Court

Comegys, C. J.,

(charging jury)

This, I believe, is the first action that has been brought for trial before this Court in relation to the by-laws of a company of the character of the present one. We have had many suits here connected with the law in relation with mechanic’s liens,—that is, the building and loan associations as connected with those liens, or subject of liens,—and have passed upon them ; but this particular ■question, presented by this case, has never before been offered to the Court for adjudication ; and it is a very interesting case,—much *559more so than I had any idea of at the…

2Cited by7 opinions

  1. Rollins Environmental Services, Inc. v. WSMW Industries, Inc.Superior Court of Delaware · 1980
  2. Superior Tube Co. v. Delaware Aircraft Industries, Inc.District Court, D. Delaware · 1945
  3. Savage v. People's Building, Loan & Savings Ass'nWest Virginia Supreme Court · 1898
  4. Keil Motor Co. v. Royal Insurance Co., Ltd., of LiverpoolSuperior Court of Delaware · 1933
  5. Huber v. Home Savings & Loan Ass'nWashington Supreme Court · 1918

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