Legal Opinion

Holmes v. Royal Loan Ass'n

Missouri Court of Appeals

Decided January 27, 1908PublishedCited by 6 opinions

Appeal from Gentry Circuit Court. — Bon. William G. Ellison, Judge. (1) The notice of the meeting- of June 22, 1895, was given in strict compliance with the requirements of the statutes of our State and the by-laws of defendant association. R. S. 1889, sec. 2484. (2) The requirements as to the holding of this meeting contained in our statutes is merely directory.

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Appeal from Gentry Circuit Court. — Bon. William G. Ellison, Judge. (1) The notice of the meeting- of June 22, 1895, was given in strict compliance with the requirements of the statutes of our State and the by-laws of defendant association. R. S. 1889, sec. 2484. (2) The requirements as to the holding of this meeting contained in our statutes is merely directory. Reisterer v. Land & Lumber Co., 160 Mo. 141; State ex rel. v. Cook, 178 Mo. 189; 1 Thomp. on Corp., sec. 227 ; 2 Cook on Corp., sec. 590; M'cClurch v. Sturges, 72 Me. 288; Baintree W. Co. v. Baintree, 146 Mass. 482, 16 N. E. 420;…

1Opinion of the Court

RROADDUS, P. J

This is a suit by plaintiff for an accounting and to have a certain' deed of trust executed by him canceled. • The defendant is a building and loan association under the laws of Missouri, located at the city of St. Joseph. On the 21st day of September, 1896, the plaintiff made sworn written application to the defendant association for a loan of $600 on the real property described in the said deed of trust. On the 21st day of December next following plaintiff with his wife Mattie executed, what was denominated a mortgage bond, wherein they acknowledged themselves indebted to the…

2Cases cited6 opinions

  1. Penryn Fruit Co. v. Sherman-Worrell Fruit Co.California Supreme Court · 1904
  2. Walworth v. BrackettMassachusetts Supreme Judicial Court · 1867
  3. Collins v. CobeIllinois Supreme Court · 1903
  4. Clark v. Missouri Guarantee Saving & Building Ass'nMissouri Court of Appeals · 1900
  5. Miller v. Missouri Guarantee Savings & Building Ass'nMissouri Court of Appeals · 1900

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3Cited by6 opinions

  1. McLaren v. StateCourt of Criminal Appeals of Texas · 1917
  2. Citicorp Savings & Trust Co. v. Banking Board of OklahomaSupreme Court of Oklahoma · 1985
  3. City of Colorado Springs v. StreetSupreme Court of Colorado · 1927
  4. Cloone v. Minot Building & Loan Ass'nNorth Dakota Supreme Court · 1938
  5. Holmes v. Royal Loan Ass'nMissouri Court of Appeals · 1912

1 more not listed; retrieve them via the Exa API.

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