Hanchey v. Southern Home Building & Loan Ass'n
Supreme Court of Alabama
Appeal from the Chancery Court of Pike. Heard before the Hon. Willam L. Parks. The bill in this case was filed by the appellant, W. E. Hanchey, against the Southern Home Building & Loan Association. The complainant was a borrowing member of the respondent association, and filed his bill for the purpose of having the contract under which he had borrowed the money, rescinded, and the mortgage securing the said contract cancelled.
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Appeal from the Chancery Court of Pike. Heard before the Hon. Willam L. Parks. The bill in this case was filed by the appellant, W. E. Hanchey, against the Southern Home Building & Loan Association. The complainant was a borrowing member of the respondent association, and filed his bill for the purpose of having the contract under which he had borrowed the money, rescinded, and the mortgage securing the said contract cancelled. Among other things, it was averred that the respondent company was a foreign corporation organized under the laws of the State of Georgia, and bad its principal place…
1Opinion of the CourtSharpe, J.
In the bill it is alleged that the defendant is a foreign corporation and that it made the alleged loan and took the alleged bond and mortgage within this State and “without complying with the law of said State requiring foreign corporations doing business therein to file with the Secretary of State, at Montgomery, Alabama, a statement in writing giving the name of one agent and one known place of business.” This allegation taken as true shows a failure on defendant’s part to do that which under the statute (Code, § 1386) was made a condition to its right to do business here, and consequently…
2Cases cited7 opinions
- Farrior v. New England Mortgage Security Co.Supreme Court of Alabama · 1889
- Sullivan v. Sullivan Timber Co.Supreme Court of Alabama · 1893
- Nelms v. Edinburg American Land Mortgage Co.Supreme Court of Alabama · 1890
- Eslava v. New York National Building & Loan Ass'nSupreme Court of Alabama · 1898
- New England Mortgage Security Co. v. IngramSupreme Court of Alabama · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Perkins Manufacturing Co. v. Clinton Construction Co.California Supreme Court · 1930
- Hanna v. Kelsey Realty Co.Wisconsin Supreme Court · 1911
- Windisch v. Mortgage Security Corp. of AmericaMichigan Supreme Court · 1931
- Automotive Material Co. v. American Standard Metal Products Corp.Appellate Court of Illinois · 1924
- Gould Land & Cattle Co. v. Rocky Mountain Bell Telephone Co.Wyoming Supreme Court · 1909