George v. New England Mortgage Security Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Limestone. Heard before the Hon. Thomas Cobbs. The evidence shows that the Corbin Banking Company was really the agent of the Mortgage Company, and that James Benagh was really the agent of the Corbin Banking Company. All the services render by the agents were for the exclusive benefit of the appellees. They were made to take the form of agents for the appellants in furtherance of a stupendous scheme of usury.
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Appeal from the Chancery Court of Limestone. Heard before the Hon. Thomas Cobbs. The evidence shows that the Corbin Banking Company was really the agent of the Mortgage Company, and that James Benagh was really the agent of the Corbin Banking Company. All the services render by the agents were for the exclusive benefit of the appellees. They were made to take the form of agents for the appellants in furtherance of a stupendous scheme of usury. These agents, while ostensibly the agents of the appellants, were .in fact the faithful, diligent agents of the appellees. — Etkuin v. Equitable Trxxst…
1Opinion of the CourtColeman, J.
The bill was filed by appellants for the purpose of having a mortgage, executed by them to respondents, cancelled as a cloud on their title to certain lands conveyed in the mortgage. As originally filed, the relief prayed for was bas9d upon the avermeDbs that the New England Mortgage Security Company was a foreign corporation, and that the mortgage was taken in prosecution of business in Alabama, without having complied with the constitutional and statutory laws, which require every foreign corporation, doing business *550in this State, to have “a known place of business, and an agent or agents…
2Cases cited8 opinions
- Grider v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1892
- American Freehold Land Mortgage Co. v. SewellSupreme Court of Alabama · 1890
- Ginn v. New England Mortgage Security Co.Supreme Court of Alabama · 1890
- Edinburgh American Land Mortgage Co. v. PeoplesSupreme Court of Alabama · 1893
- American Mortgage Co. v. KingSupreme Court of Alabama · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Mitchell v. BaldwinSupreme Court of Alabama · 1908
- Hampton v. CountsSupreme Court of Alabama · 1918
- Windisch v. Mortgage Security Corp. of AmericaMichigan Supreme Court · 1931
- Douglass v. Standard Real Estate Loan Co.Supreme Court of Alabama · 1914
- Interstate Trust & Banking Co. v. National Stockyards Nat. BankSupreme Court of Alabama · 1917
10 more not listed; retrieve them via the Exa API.