Legal Opinion

Phelps v. American Savings & Loan Ass'n

Michigan Supreme Court

Decided September 27, 1899PublishedCited by 8 opinions

Appeal from Kalkaska; Aldrich, J. Bill by Cassius M. Phelps against the American Savings & Loan Association and William D. Hale, receiver, for the rescission of a contract and the cancellation of a mortgage. Defendant Hale filed an answer in the nature of a cross-bill, asking for an accounting and foreclosure. Prom a decree for complainant, defendant Hale appeals.

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Appeal from Kalkaska; Aldrich, J. Bill by Cassius M. Phelps against the American Savings & Loan Association and William D. Hale, receiver, for the rescission of a contract and the cancellation of a mortgage. Defendant Hale filed an answer in the nature of a cross-bill, asking for an accounting and foreclosure. Prom a decree for complainant, defendant Hale appeals. The following is the stock certificate referred to in the opinion: “The American Building & Loan Association, “Minneapolis, Minnesota. “Certificate No. 25,629. No. of shares, 10. Amount $1,000.00. “This certifies that Cassius M.…

1Opinion of the CourtHooker, J.

The American Savings & Loan Association was incorporated under the laws of Minnesota in 1887, and was a going concern until 1896, when, by reason of insolvency, it went into the hands of Hale, as receiver, under an order of a district court of that State. The complainant became a member of this association in 1889, and subsequently borrowed from it the sum of $500, for which he gave his bond and mortgage, dated September 28, 1889. He continued his payments according to the agreement *347contained in his stock subscription and his mortgage and bond until April 6,1897, when he filed the bill in…

2Cases cited20 opinions

  1. Brown v. Lasalle ArcherMissouri Court of Appeals · 1895
  2. Leahy v. National Building & Loan Ass'nWisconsin Supreme Court · 1898
  3. Curtis v. Granite State Provident Ass'nSupreme Court of Connecticut · 1897
  4. Towle v. American Bldg., Loan & Inv. Soc.District Court, N.D. Illinois · 1894
  5. Knutson v. Northwestern Loan & Building Ass'nSupreme Court of Minnesota · 1897

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

3Cited by8 opinions

  1. Daniels v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1910
  2. Groover v. Pacific Coast Sav. SocietyCalifornia Supreme Court · 1912
  3. People's Building & Loan Ass'n v. McPhilamyMississippi Supreme Court · 1902
  4. Hale v. PhillipsSupreme Court of Arkansas · 1900
  5. Estey v. Capital Investment, Building & Loan Ass'nMichigan Supreme Court · 1902

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

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