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.....
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.
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.....
-The answer must always support the cross-bill. STOUT v. PORTLAND CEMENT Co...... See PLEADING.
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.
BANKRUPTCY-See MECHANICS' LIENS, 14.
BILL OF COMPLAINT-1. An affidavit attached to the bill can- not be considered as a part thereof. STREETER v. BRAMAN.... 371
- 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.
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
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.
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
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..
BUILDING AND LOAN ASSOCIATIONS-Continued.
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......
- 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
BUILDING AND LOAN ASSOCIATIONS-Continued.
from the association the amount due on the shares on their maturity.
Mayor v. Jersey City Water Supply Co., 74 N. J. Eq. 104.
McCarter v. United N. J. R. R., &c., Co., 75 N. J. Eq. 158.
On complainant's appeal, reversed; on city's appeal, affirmed, 317
« 上一頁繼續 » |