Randall v. National Building, Loan & Protective Union
Nebraska Supreme Court
Appeal from the district court of Hall county. Heard below before Harrison, J. The facts are stated by the commissioner. The appellee Fannie M. Randall has no right to recover, either directly or as a credit upon her indebtedness on the mortgage, the premiums or stock dues paid before default, and which have been duly forfeited and so declared. (Fowler v. Woodward, 26 Minn., 349; Northwestern Mutual Efe Ins.
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Appeal from the district court of Hall county. Heard below before Harrison, J. The facts are stated by the commissioner. The appellee Fannie M. Randall has no right to recover, either directly or as a credit upon her indebtedness on the mortgage, the premiums or stock dues paid before default, and which have been duly forfeited and so declared. (Fowler v. Woodward, 26 Minn., 349; Northwestern Mutual Efe Ins. Co. v. Allis, 23 Minn., 337; Smith v. Mariner, 5 Wis., 551; Ludlow v. Dutch Rhenish R. Co., 21 Beav. [Eng.], 43; Naylor v. South Devon R. Co., 1 De G. Sm. [Eng.], 32; Pendergast v.…
1Opinion of the Court
Irvine, C.
The defendant was a Minnesota corporation in the nature of a building and loan association. The plaintiff became a member of the association and procured a loan therefrom, executing her note and mortgage, the latter on property in Grand Island, to secure the loan. This was in September, 1889. In 1891 she brought her suit, her husband joining therein, in the district court of Hall county, charging that she was induced by fraud to procure the loan, pleading a tender to the association of all remaining due on the mortgage, asking an accounting of the amount justly due, and that the…
2Cases cited1 opinion
- Lincoln Building & Saving Ass'n v. GrahamNebraska Supreme Court · 1878
3Cited by15 opinions
- Livingston Loan & Building Ass'n v. DrummondNebraska Supreme Court · 1896
- Western Savings Co. v. HoustonOregon Supreme Court · 1901
- Buist v. BryanSupreme Court of South Carolina · 1895
- Hale v. CairnsNorth Dakota Supreme Court · 1898
- Groover v. Pacific Coast Sav. SocietyCalifornia Supreme Court · 1912
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