Caston v. Stafford
Missouri Court of Appeals
Appeal from Pettis Circuit Oourt. — Hon. Qeo. F. Longan, Judge. (1) The plaintiff is not a shareholder. The averments of the petition do not show that he was a subscriber to the stock of the association, or that he acquired any stock by assignment or otherwise. He simply bought the real estate subject to the deed of trust.
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Appeal from Pettis Circuit Oourt. — Hon. Qeo. F. Longan, Judge. (1) The plaintiff is not a shareholder. The averments of the petition do not show that he was a subscriber to the stock of the association, or that he acquired any stock by assignment or otherwise. He simply bought the real estate subject to the deed of trust. (2) Not being a member of the association, the reasoning that declares the making of eighty-four monthly payments does not mature the stock, does not apply to him. His liability is not determined' by the contract of membership but by the terms of the mortgage. (3) The…
1Opinion of the CourtSmith, P. J.
The petition alleged: (1) That the Sedalia Building & Loan Association was organized under the statutes of this State, and that the defendant, Stafford, had been duly appointed its receiver. (2) That Max Caston and William Frankner were the owners of certain real property in this State, describing it. (3) That the said Caston and Frankner applied to said association for a loan of $1,700 which was granted to them, and on April 18, 1891, they, with Herman Caston and Lulu Caston, executed and delivered to said association a deed of trust conveying to one Taylor as trustee the said real property,…
2Cases cited7 opinions
- Wiggins Ferry Co. v. Chicago & Alton RailroadSupreme Court of Missouri · 1881
- Heim v. VogelSupreme Court of Missouri · 1879
- Brown v. Lasalle ArcherMissouri Court of Appeals · 1895
- Fitzgerald v. BarkerSupreme Court of Missouri · 1879
- Bertche v. Equitable Loan & Investment Ass'nSupreme Court of Missouri · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Anglo-American Land, Mortgage & Agency Co. v. LombardCourt of Appeals for the Eighth Circuit · 1904
- State ex rel. Hobart v. SmithSupreme Court of Missouri · 1903
- Williams v. VerityMissouri Court of Appeals · 1903
- Gary v. VerityMissouri Court of Appeals · 1903
- Hough v. MaupinSupreme Court of Arkansas · 1905
1 more not listed; retrieve them via the Exa API.