McGovern v. Cosmopolitan Savings & Loan Ass'n

Citations

• 44 Pa. Super. 212
• 1910 Pa. Super. LEXIS 153

Syllabus

<p>Building and loan associations — Withdrawing stockholder — Bight to sue — Judgment—Stay of execution — Acts of April 12, 1859, sec. 2, P. L. 544, and April 29, 1874, clas. 2, sec. 87, P. L. 78.</p> <p>A withdrawing stockholder of a building and loan association whose notice has been filed, but not otherwise acted upon by the association, and whose turn has not been reached for payment in the regular order of application for the same, has the right to sue the association and obtain judgment for the undisputed amount of his claim, subject to the power of the court to restrain execution until his turn should be reached. United States Building & Loan Assn. v. Silverman, 85 Pa. 394, and Lepore v. Twin Cities National B. & L. Assn., 5 Pa. Superior Ct. 276, followed.</p>