Beckley v. U. S. Savings & Loan Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by William G. Berkley against the United States. Savings & Loan Company. From a judgment in favor of defendant, plaintiff appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by William G. Berkley against the United States. Savings & Loan Company. From a judgment in favor of defendant, plaintiff appeals. The appellant filed this bill against appellee to enjoin the foreclosure of a mortgage, to declare the same a usurious contract, and for an accounting to ascertain the amount received as loan on the mortgage, together with the payment made on same, and to be relieved of the usury by paying the full amount borrowed, together with such interest as the court should adjudge he ought in equity…
1Opinion of the CourtAndebson, J.
This case has been here before, and is reported in 137 Ala. 119, 33 South. 934, 62 L. R. A. 33, 97 Am. St. Rep. 19. This court then held that this was a, Minnesota contract and governed by the laws of that State, and we see no reason to depart from the rule then laid down. Indeed, this case seems to have been tried upon that theory, and the appellant has attempted by the amendments and proof to show a violation or noncompliance by the respondent with the laws of said state.
The appellant insists that the contract is void, because complainant ivas not a member of the corporation at the time the…
2Cases cited7 opinions
- Hayes v. Southern Home Building & Loan Ass'nSupreme Court of Alabama · 1899
- Cubbedge, Hazlehurst & Co. v. NapierSupreme Court of Alabama · 1878
- Inge v. MurphySupreme Court of Alabama · 1846
- Southern Building & Loan Ass'n v. Anniston Loan & Trust Co.Supreme Court of Alabama · 1893
- Walker v. ForbesSupreme Court of Alabama · 1857
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3Cited by4 opinions
- State v. Tuscaloosa Building & Loan Ass'nSupreme Court of Alabama · 1935
- Madison v. RobinsonSupreme Court of Florida · 1928
- Midland Savings & Loan Co. v. HendersonSupreme Court of Oklahoma · 1915
- Alger-Sullivan Lumber Co. v. Union Trust Co.Supreme Court of Alabama · 1928