Safety Building & Loan Ass'n v. Montjoy
Court of Appeals of Kentucky
Case 73 — ACTION AGAINST BUILDING ASSOCIATION FOB OVER-PAYMENT APPEAL FROM MONTGOMERY CIRCUIT COURT. The borrowers from a building and loan association are stockholders and -the rights and liabilities appertaining to them in the capacity of stockholders will not be confounded with those pertaining to them as borrowers. Simpson v. Bldg. Assn., 19 Ky. Law Rap., 1176; Rogers v. Rains, 18 Ky.
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Case 73 — ACTION AGAINST BUILDING ASSOCIATION FOB OVER-PAYMENT APPEAL FROM MONTGOMERY CIRCUIT COURT. The borrowers from a building and loan association are stockholders and -the rights and liabilities appertaining to them in the capacity of stockholders will not be confounded with those pertaining to them as borrowers. Simpson v. Bldg. Assn., 19 Ky. Law Rap., 1176; Rogers v. Rains, 18 Ky. Law Rep., 768; Henderson Bldg. & L. Assn. v. Johnson, 88 Ky., 197. On the right of a building and loan association as to expanses, fines, admission and withdrawal fees': Locknane v. U. S. S. & L. Co., 19 Ky.…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion of the court.
Appellee brought suit against appellant, alleging that he had borrowed from the company, in April, 1894, fl,400, executing a note therefor, and a mortgage to secure its *474payment, upon a tract of land in Montgomery county, and that in February, 1897, he paid some $1,220 to appellant for executing a deed releasing the mortgage. Various payments are alleged to have been made by him by way of monthly dues, interest, premium® and fines for failure to pay monthly dues at the appointed time, which, with the sum paid for the release, are averred to. have…
2Cases cited3 opinions
- Adkins v. CommonwealthCourt of Appeals of Kentucky · 1897
- Simpson v. Kentucky Citizens Building & Loan Ass'nCourt of Appeals of Kentucky · 1897
- Rogers v. RainsCourt of Appeals of Kentucky · 1896
3Cited by4 opinions
- Ravitz v. Steurele, Justice of the PeaceCourt of Appeals of Kentucky (pre-1976) · 1934
- Linton v. Fulton Building Loan Ass'nCourt of Appeals of Kentucky (pre-1976) · 1936
- Cynthiana Bldg. & Sav. Ass'n v. EcklarCourt of Appeals of Kentucky · 1901
- Linton v. Fulton Building & Loan Ass'nCourt of Appeals of Kentucky · 1936