Schutte v. California B. & L. Ass'n
Pennsylvania Court of Common Pleas, Alleghany County
No. 17 October Term 1891, Sup. Ct.; court below, No. 257 October Term 1890, C. P. No. 2. On October 16, 1890, a case stated was filed, wherein Otto Schutte was plaintiff, and the California Premium B. & L. Ass’n was defendant, setting forth, to wit: That the defendant was a building and loan association, incorporated under the act of April- 29, 1874, P. L. 73; that Otto Schutte was admitted a member thereof on August 29, 1889, and became the owner of twenty shares therein;…
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No. 17 October Term 1891, Sup. Ct.; court below, No. 257 October Term 1890, C. P. No. 2. On October 16, 1890, a case stated was filed, wherein Otto Schutte was plaintiff, and the California Premium B. & L. Ass’n was defendant, setting forth, to wit: That the defendant was a building and loan association, incorporated under the act of April- 29, 1874, P. L. 73; that Otto Schutte was admitted a member thereof on August 29, 1889, and became the owner of twenty shares therein; that, until April 30, 1890, the plaintiff paid the weekly dues of five dollars on his stock regularly, but outside the…
1Opinion of the Court
Pee Cueiam :
The case stated admits that the plaintiff paid his dues to the secretary of the defendant association, but the latter contends that it was a mispayment, because not .paid at the regular stated meetings, but at the secretary’s place of business. Article IY. of the by-laws requires the secretary to give security for the faithful performance of his duties, and this attempt of the association, to throw the loss occasioned by its absconding secretary upon individual members who have paid their dues in good faith, is not creditable to any one concerned.
Article III., § 1, of the…
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