Buist v. Bryan
Supreme Court of South Carolina
Before Aldrich, J., Charleston, March, 1893. This was an action by G. L. Buist, as receiver of the Assistance Building and Loan Association, against Daniel Bryan.
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Before Aldrich, J., Charleston, March, 1893. This was an action by G. L. Buist, as receiver of the Assistance Building and Loan Association, against Daniel Bryan. The complaint was as follows: 1. That heretofore, to wit: on or about the 9th day of September, 1892, in a certain cause depending in the Court of Common Pleas for Charleston County, said State, entitled, “E. M. Moreland v. Assistance Building and Loan Association,” the plaintiff, George Lamb Buist, was duly appointed receiver of the said Assistance Building and Loan Association, and by said court authorized and empowered to take…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice Gary.
This is an appeal from an order of the Circuit Judge "overruling a demurrer to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The complaint and exceptions Nos. 1, 2, and 3 will accompany the report of the case.
*125The appellant contends that the complaint shows upon its face that the mortgage has beeD paid. In considering this question, this court must determine whether the monthly payments for subscriptions to the shares of stock should have been applied upon the mortgage. The…
2Cases cited2 opinions
- Strohen v. Franklin Saving Fund & Loan Ass'n ex rel. McKinleySupreme Court of Pennsylvania · 1887
- Randall v. National Building, Loan & Protective UnionNebraska Supreme Court · 1894
3Cited by12 opinions
- Wood v. Continental Sav. & Bldg. Ass'nTexas Commission of Appeals · 1933
- Hale v. CairnsNorth Dakota Supreme Court · 1898
- Groover v. Pacific Coast Sav. SocietyCalifornia Supreme Court · 1912
- People's Building & Loan Ass'n v. McPhilamyMississippi Supreme Court · 1902
- Price v. KendallCourt of Appeals of Texas · 1896
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