O'Malley v. People's Building, Loan & Savings Ass'n
New York Supreme Court
Appeal from circuit court, Ontario county. Action by John O’Malley against the People’s Building, Loan & Savings Association to recover the sum of $500, alleged to be due on a certificate of five shares of stock issued by defendant to plaintiff. From a judgment in favor of plaintiff (35 N. Y. Supp. 14), defendant appeals.
1Opinion of the CourtLewis, J.
This action was brought to recover the sum of $500, claimed to be due upon a certificate of five shares of stock issued by the defendant to the plaintiff, of the par value of $100 a share. The principal question presented is whether the plaintiff is entitled to recover the par value of the shares, or whether his recovery shall be limited to the sum of $371, that being the amount, as-claimed by the defendant, which the shares had earned at the time this action was commenced.
The defendant is a building, loan, and savings association. It. was organized in the month of December, 1887, under…
2Cases cited3 opinions
- Matter of Com'rs of Wash'ton Park, AlbanyNew York Court of Appeals · 1873
- People Ex Rel. Fairchild v. . PrestonNew York Court of Appeals · 1894
- Gibbs v. Long Island BankNew York Supreme Court · 1894
3Cited by13 opinions
- Field v. Eastern Building & Loan Ass'nSupreme Court of Iowa · 1902
- Hieronymus v. New York Nat. Building & Loan Ass'nU.S. Circuit Court for the District of Southern Alabama · 1899
- Healy v. Eastern Building & Loan Ass'nSuperior Court of Pennsylvania · 1901
- Eastern Building and Loan Assn. v. EbaughSupreme Court of the United States · 1902
- Daley v. People's Building, Loan, & Savings Ass'nMassachusetts Supreme Judicial Court · 1899
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