Economy Building & Loan Ass'n v. Paris Ice Manufacturing Co.
Court of Appeals of Kentucky
Case 35 — Action by Paris Ice Manufacturing Co. against Economy Building & Loan Association, &c. to Recover Usury Paid APPEAL FROM BOURBON CIRCUIT COURT. Judgment for Plaintiff and Defendant and John T. Hinton Appeals.
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Case 35 — Action by Paris Ice Manufacturing Co. against Economy Building & Loan Association, &c. to Recover Usury Paid APPEAL FROM BOURBON CIRCUIT COURT. Judgment for Plaintiff and Defendant and John T. Hinton Appeals. It seems clear to us that if an alleged corporation is sued and there is no such corporation in existence, that the person who is served with process , as an agent of the alleged corporation, has a right to appear in court and show that there is no such corporation. The only question to be decided by this court on this appeal is, whether or not the former president of the…
1Opinion of the Court
Opinion of the court by
JUDGE O’REAR
Affirming.
Appellee was a borrower from appellant association. In June, 1900, they settled the loan 'by appellee’s paying §2,010.87. Within one year thereafter appellee brought this suit against appellant to recover §422.90 alleged to have *248been collected as usurious interest on the loan. Summons on the petition was served on J. T. Hinton, as president of appellant association. He filed his affidavit and a motion to quash the service upon him. It is stated in the affidavit that before the filing of the petition in this case ■“a majority of the stockholders of…
2Cases cited4 opinions
- Fox v. . HorahSupreme Court of North Carolina · 1841
- Portland Dry Dock & Insurance v. Trustees of PortlandCourt of Appeals of Kentucky · 1851
- Thomas v. RiegelSupreme Court of Pennsylvania · 1835
- Kelley v. Mississippi Central R.United States Circuit Court · 1880
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- Highbaugh v. HuffCourt of Appeals of Kentucky · 1924
- Craycraft v. National Building & Loan Ass'nCourt of Appeals of Kentucky · 1904