Breed v. Ruoff
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure. The- receivers of a building and loan association are plaintiffs, and a borrowing member of such association and his wife are defendants.
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Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure. The- receivers of a building and loan association are plaintiffs, and a borrowing member of such association and his wife are defendants. The controversy concerns a loan made by the association to the defendant- Leonard Ruoff, Sr. The New York National Building and Loan Association was incorporated in 1890, under chapter 122 of the Laws of 1851, entitled “An act for the - incorporation of building, mutual loan and accumulating fund associations,” and the acts amendatory…
1Opinion of the Court
Jenks, J.:
•As a loan to defendant the association advanced one-half of the estimated maturity value of his fifty shares, namely, $2,500, and he-agreed to pay interest monthly thereon at the rate of six per cent per annum, and also to continue his monthly payments of his dues-upon the said fifty shares; The bond, mortgage and assignment of the shares were executed as security. As neither premium in cash-, nor interest of any kind upon the premium bid was required, this case differs from the cases where, incident to the loan, an - actual payment of bonus or of premium is exacted. The premium…
2Cases cited13 opinions
- Leahy v. National Building & Loan Ass'nWisconsin Supreme Court · 1898
- Concordia Savings and Aid Ass'n v. . ReadNew York Court of Appeals · 1883
- Curtis v. Granite State Provident Ass'nSupreme Court of Connecticut · 1897
- People v. . LoweNew York Court of Appeals · 1889
- Post v. Building & Loan Ass'nTennessee Supreme Court · 1896
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Preston v. LamanoNew York Supreme Court · 1905
- People v. New York Building-Loan Banking Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Robinson v. SpencerAppellate Division of the Supreme Court of the State of New York · 1902
- People v. New York Building Loan Banking Co.New York Supreme Court · 1904
- Huntington Savings & Loan Ass'n v. Cocker, New York County Courts1933
2 more not listed; retrieve them via the Exa API.