Ginn v. New England Mortgage Security Co.
Supreme Court of Alabama
Appeal from the Chancery Court of St. Clair. Heard before the lion. S. K McSpadden. The bill in this case was filed October 28, 1887, by the appellee corporation, a foreign corporation, against the appellants, Reuben Ginn and his wife; and prayed the foreclosure of a mortgage on certain lands, which was given by the defendants to the complainant to secure the re-payment of money borrowed by them from the said company, and which was executed on March 18, 188(5. The defendants…
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Appeal from the Chancery Court of St. Clair. Heard before the lion. S. K McSpadden. The bill in this case was filed October 28, 1887, by the appellee corporation, a foreign corporation, against the appellants, Reuben Ginn and his wife; and prayed the foreclosure of a mortgage on certain lands, which was given by the defendants to the complainant to secure the re-payment of money borrowed by them from the said company, and which was executed on March 18, 188(5. The defendants filed their joint and several answers to the bill, which set up, among other things, the defense of usury. There was no…
1Opinion of the CourtMcCLELLAN, J.
The bill in this case is filed to foreclose a mortgage. It discloses that the complainant — appellee here —is a foreign corporation, and that the transaction involved the loan of money secured by notes and mortgage — was the doing of business in this State within our constitutional and statutory provisions requiring such corporations to have a known place of business and an authorized agent thereat in the State before doing any business here ? — Const. Art. xiv, § 4; Acts 1886-7, p. 192; Farrior v. New Eng. Mort. Sec. *137Co., 88 Ala. 275 ; Mullens v. Amer. Freehold Land Mort. Co., 88 Ala. 280.
The…
2Cases cited9 opinions
- Condit v. . BaldwinNew York Court of Appeals · 1860
- Farrior v. New England Mortgage Security Co.Supreme Court of Alabama · 1889
- Grant v. Phœnix Life InsuranceSupreme Court of the United States · 1887
- Call v. PalmerSupreme Court of the United States · 1885
- Christian v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Cooper v. Ft. Smith & W. R. Co.Supreme Court of Oklahoma · 1909
- Brown v. Lasalle ArcherMissouri Court of Appeals · 1895
- Lewis v. HickmanSupreme Court of Alabama · 1917
- Ammons v. Brunswick-Balke-Collender Co.Court of Appeals for the Eighth Circuit · 1905
- Stickney v. MooreSupreme Court of Alabama · 1895
19 more not listed; retrieve them via the Exa API.