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People v. New York Building-Loan Banking Co.

92 N.Y.S. 1139 Court N.Y. App. Div. Decision date 1905-02-10 English

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p. 1139
PEOPLE v. NEW YORK BUILDING-LOAN BANKING CO. In re MARION’S PETITION.
(Supreme Court, Appellate Division, First Department.
February 10, 1905.)

Headnote

Appeal from Special Term. Proceedings by the Seople of the state of New York against the few York Building-Loan Banking Company. Petition by Anna Marion, a stockholder, asking that the receiver of defendant be required to pay petitioner the excess between the amount paid by her to defendant and the amount paid by it on her behalf. From a decree determining the amount due petitioner,- she appeals. Modified. Charles R. Hall, for appellant. Charles W. Dayton, for respondent.

In accordance with the views expressed in the opinion in People v. N. Y. Building-Loan Banking Co. (Matter of Montague), 92 N. Y. Supp. 62 , decided herewith, the order appealed from should be modified, by dismissing the application, and, as.so modified, affirmed, without costs.