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INDEX.

A.

ANSWER-1. An answer under oath made to a bill praying for an
answer under oath may be amended in matters of form or as to
mistakes of dates or verbal inaccuracies; but an amendment in
which defendant shifts his ground of defence cannot be allowed,
as he must make a true and exhaustive answer at the earliest
opportunity. RHEINFORT v. ABEL.....

2.

3.

4.

PAGE.

An answer under oath which denies the complainant's
peaceable possession of land, and which alleges that defendant
executed a deed of the land at a time when she was the wife of
B., who did not join in the deed, may be amended by alleging
that at the time of the execution of the deed she was the wife of
S., who did not join in the deed. Id...

A cross-bill must be supported by an answer.

485

485

Id......... 485

Where the answer under oath to a bill praying for an
answer under oath alleged that defendant executed a deed of the
land in 1874 while married and that her husband did not join,
but did not mention a deed made by her in 1870, af amended
answer setting forth the deed made in 1870 could not be allowed.
Id.

5. -The original answer under oath made to a bill praying
for answer under oath will remain on file as evidence notwith-
standing the filing of a supplemental answer and cross-bill, and
complainant may use it to attack the credibility of defendant or
otherwise. Id.....

6.

485

485

-The answer must always support the cross-bill. STOUT v.
PORTLAND CEMENT Co......
See PLEADING.

518

APPEAL-A defendant who has demurred to a bill in chancery upon
grounds going to the whole of the complainant's bill whose de-
murrer has been sustained on some of the grounds specified,
cannot appeal from a subsequent order obtained on his own
motion which assumes to sustain the demurrer on those grounds
and overrule it on other grounds. EWALD v. ORTYNSKY........ 291

ASSIGNMENT See CORPORATIONS; BUILDING ASSOCIATIONS.

B.

BANKRUPTCY-See MECHANICS' LIENS, 14.

PAGE.

BILL OF COMPLAINT-1. An affidavit attached to the bill can-
not be considered as a part thereof. STREETER v. BRAMAN.... 371

2.

3.

- A bill cannot be sustained as a bill for discovery where it
did not allege that a discovery was sought in aid of a proceed-
ing in another court, but merely sought to enjoin a pending pro-
ceeding in another court so as to transfer the case to the chan-
cery court.

Id.......

... 371

A bill cannot be sustained as a bill for discovery where it
prays for an answer without oath. Id......
See PLEADING.

BOROUGHS-1. A borough ordinance providing that any person
desiring to dig up or open the public streets shall apply to the
mayor in writing describing the place for which permit is de-
sired, and the object of opening the street, and that the mayor
shall have power to grant the permit whenever in his judgment
it may seem proper, is valid under Borough law (P. L. 1897
p. 285 § 28) giving boroughs the power to prescribe the manner
in which corporations or individuals shall exercise any privilege
granted to them in the use of any streets, or in digging up the
same for any purpose. N. Y. & N. J. WATER Co. r. NORTH
ARLINGTON

2.

371

.... 514

An application addressed to the mayor and council of a
borough for a permit to open streets is not a compliance with an
ordinance requiring the application to be made to the mayor.
Id.

514

BUILDING AND LOAN ASSOCIATIONS-1. Notice to the
treasurer of a building association of an assignment of shares
to a bank of which he was cashier as collateral for a loan is not
notice to the association of the assignment, where the treasurer
and cashier contemplated in procuring a certificate for matured
shares on maturity of the shares a fraud on the bank, and his
knowledge of the bank's rights will not be imputed to the asso-
ciation. CAMPBELL v. PERTH AMBOY, &c., ASSOCIATION...... 348

2.-

3.

A building association issuing matured shares in payment
of shares which had matured fixes the rights of the shareholder
in the distribution of the assets in which he is entitled to share.
Id.

The books of a corporation are for many purposes the pri-
mary evidence of membership as between the corporation and
the members, and in the payment of dividends without notice of
an adverse claim a corporation is protected by payment to the
holder of record on its books.
Id..

348

348

BUILDING AND LOAN ASSOCIATIONS-Continued.

PAGE.

4. -As between a building association and its members, a pay-
ment on the final distribution of assets to the shareholder of
record without notice of a previous assignment is a valid pay-
ment as against a holder of the certificate by assignment who
has not applied for a transfer on the books. Id......

5.

6.

7.

8.

9.

- Where a building association paid shares on their maturity
by issuing a non-negotiable certificate of indebtedness to a third
person personally, and the association knew of the assignment
of the shares to him, the issue of the certificate was as between
the association and the shareholder or those claiming under him
an issue to the third person as assignee, and the certificate was
subject in the hands of any holder to the defence that it was
procured by the third person's fraudulent suppression of a pre-
vious assignment of the original shares, so that on notice to
the association of such previous assignment, a payment of the
matured certificate was at its own peril. Id.....

The right of a bank holding as assignee to secure a loan
stock in a building association is entitled to share on distribu-
tion on the maturity of the shares, and it may then demand the
amount coming to its assignor, and the time fixed for the ac-
crual of its cause of action against the association is not affected
by the fact that the association, without knowledge of the as-
signment, issued matured certificates on the maturity of the
shares at the option of the assignor. Id......

The statute of limitations is not applicable to an equitable
interest in a fund held in trust by a building association for dis-
tribution among the holders of shares in a matured series.
Id.

Stock in a building association was assigned to a bank as
collateral. The association had no notice of the assignment,
and, on the maturity of the shares, it paid them by issuing a
certificate of indebtedness to a third person individually, who
was to the knowledge of the association an assignee of the
original holder. The third person pledged the certificate, and
the pledgee recovered in a suit from the association. The bank
and its receiver delayed notice of any claim under the assign-
ment until nearly six years after the maturity of the shares,
and until after the certificate of indebtedness had been, with
the consent of the receiver, sold to the pledgee for the payment
of his debt. The pledgee was a bona fide pledgee.-Held, that
the right of the bank to recover from the association on the
original shares was barred by laches. Id..

A payment by a building association to the original holder
of shares of the amount due, made with notice of a third per-
son's claim, under an assignment of the shares from the owner,
is at the risk of the association, and the assignee may recover

348

348

348

348

348

BUILDING AND LOAN ASSOCIATIONS-Continued.

PAGE.

from the association the amount due on the shares on their
maturity.

Id......

See INSOLVENCY.

348

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Mayor v. Jersey City Water Supply Co., 74 N. J. Eq. 104.

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McCarter v. United N. J. R. R., &c., Co., 75 N. J. Eq. 158.

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On complainant's appeal, reversed; on city's appeal, affirmed, 317

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