Daley v. People's Building, Loan & Saving Ass'n
Massachusetts Supreme Judicial Court
Contract with two counts, the first count declaring on a promise alleged to be contained in the certificate of the defendant held by the plaintiff as stockholder, to pay the plaintiff $1,000 in five years from January 1, 1890; and the second count declaring on an account annexed, to recover sixty monthly payments of $10 each and twenty quarterly payments of $2.50 each made by the plaintiff to the defendant between January 1, 1890, and December 31,1894, under the terms of…
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Contract with two counts, the first count declaring on a promise alleged to be contained in the certificate of the defendant held by the plaintiff as stockholder, to pay the plaintiff $1,000 in five years from January 1, 1890; and the second count declaring on an account annexed, to recover sixty monthly payments of $10 each and twenty quarterly payments of $2.50 each made by the plaintiff to the defendant between January 1, 1890, and December 31,1894, under the terms of said certificate, with interest thereon, amounting in all to $862.88. Writ dated December 16, 1897. At the trial in the…
1Opinion of the CourtHolmes, C. J.
This is an action by a member of the defendant corporation, counting first for $1,000 upon the covenant contained in his certificate of membership, and secondly on an account annexed, which is for the money paid by the plaintiff *17for and under the certificate. The first count was disposed of by the decision reported in 172 Mass. 533. The right to recover on the second now is argued on the footing that the defendant declared a forfeiture of the plaintiff’s stock without right, and that therefore the plaintiff at his election may treat the contract as repudiated and annihilated as if from the…
2Cases cited7 opinions
- Whiteside v. BrawleyMassachusetts Supreme Judicial Court · 1890
- Reichard v. Manhattan Life InsuranceSupreme Court of Missouri · 1862
- Carpenter v. ShepardsonWisconsin Supreme Court · 1877
- In re New York, Lackawanna & Western RailroadNew York Court of Appeals · 1885
- Greve v. Aetna Live-Stock Ins.New York Supreme Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
- Ora Lee Williams v. Walker-Thomas Furniture Company, William Thorne v. Walker-Thomas Furniture CompanyCourt of Appeals for the D.C. Circuit · 1965
- New York Life Insurance v. ViglasSupreme Court of the United States · 1936
- Mobley v. New York Life InsuranceSupreme Court of the United States · 1935
- Universal Life & Accident Insurance v. SandersTexas Supreme Court · 1937
42 more not listed; retrieve them via the Exa API.