Portneuf Lodge No. 20 v. Western Loan & Savings Co.
Idaho Supreme Court
APPEAL from District Court, Bannock County. We are aware that such a suit has been before this court in the case of Stevens v. Home Sav. etc. Assn., 5 Idaho, .739, 51 Pae. 779. But there was no demurrer to the complaint in that case, and of course it is not decisive of the points raised by this appeal.
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APPEAL from District Court, Bannock County. We are aware that such a suit has been before this court in the case of Stevens v. Home Sav. etc. Assn., 5 Idaho, .739, 51 Pae. 779. But there was no demurrer to the complaint in that case, and of course it is not decisive of the points raised by this appeal. It is not our object to question the soundness of the-views expressed by this honorable court in the many cases it. has decided on the subject of usurious interest contracts, but conceding that this court is right on the subject, we believe that the respondent is not in a position to ask the…
1Opinion of the CourtSullivan, J.
— This suit was brought by the respondent, the Portneuf Lodge, No. 20, Independent Order of Odd Eel-lows, a corporation, under the provisions of section 3364 of the Revised Statutes to compel the cancellation or satisfaction of the two mortgages hereinafter referred to, the surrender of the promissory notes secured by said mortgages, and for judgment for $200, the statutory penalty for failing to enter satisfaction of said mortgages of record. The transcript shows that the appellant, Western Loan and Savings Company, and the respon*677dent corporation, on the thirty-first day of May, 1893,…
2Cases cited2 opinions
- Miller v. Insurance CompanyTennessee Supreme Court · 1893
- New York, etc., B. & L. Ass'n v. CannonTennessee Supreme Court · 1897
3Cited by2 opinions
- Anderson v. Oregon Mortgage Co.Idaho Supreme Court · 1902
- Cleveland v. Western Loan & Savings Co.Idaho Supreme Court · 1901