Kleimeir v. Covington Perpetual Building & Loan Ass'n
Court of Appeals of Kentucky
Case 94 — Action by the Covington Perpetual Building and Loan Association, oe Covington, Ky., Against Theodore Kleimeir, &c., to Recover a Balance Due on a Loan and to Enforce a Mortgage Lien Tiierefor. APPEAL FROM KENTON CIRCUIT COURT-JAMES P. TARVIN, CIRCUIT-JUDGE. Judgment for Plaintiff. Defendants Appeal. POINTS AND AUTHORITIES. ' 1. Right to amend answer. Civil Code, section 134. 2. Partial payments.
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Case 94 — Action by the Covington Perpetual Building and Loan Association, oe Covington, Ky., Against Theodore Kleimeir, &c., to Recover a Balance Due on a Loan and to Enforce a Mortgage Lien Tiierefor. APPEAL FROM KENTON CIRCUIT COURT-JAMES P. TARVIN, CIRCUIT-JUDGE. Judgment for Plaintiff. Defendants Appeal. POINTS AND AUTHORITIES. ' 1. Right to amend answer. Civil Code, section 134. 2. Partial payments. Sub-sec. 3 of sec. 2219, Kentucky Statutes; Riddle, &c. v. Lewis, 7th Bush, 197; Dowell v. Safety Bldg, and Loan Ass’n Co., Ky. Law Rep., vol. 21, page 1267, and cases cited; Safety Bldg,…
1Opinion of the Court
Opinion of the court by
JUDGE BURNAM
Reversing.
This suit was instituted by the appellee, the Covington Perpetual Building & Loan Association, of Covington, Ky., against the appellants, Theodore Kleimeir and Bernidena Kleimeir, to recover a balance of $1,996.40, alleged to be due upon a loan of $2,500, created on the 24th day of September, 1896, and secured by a mortgage upon certain .real estate.. It is charged in the petition that appellants promised and agreed to repay this loan in equal installments of $5.00 per week, with interest thereon in equal installments qf $3.00 each, payable on…
2Cases cited3 opinions
- Safety Building & Loan Co. v. EcklarCourt of Appeals of Kentucky · 1899
- Reddick v. United States Building & Loan Association's AssigneeCourt of Appeals of Kentucky · 1899
- Riddle v. LewisCourt of Appeals of Kentucky · 1870
3Cited by1 opinion
- Oskaloosa National Building, Loan & Investment Ass'n v. BaileySupreme Court of Iowa · 1906