Gary v. Verity
Missouri Court of Appeals
Appeal from Ripley Circuit Court. — lion. J. L. Forty Judge. When the loan association has become insolvent, payments on stock will not be applied as credits on the loan. The borrower must repay his loan and should present his claim for stock payments to be allowed in' due course against the insolvent estate. Brown v. Archer, 62 Mo. App. 277; Price v. Loan Ass’n, 75 Mo. App. 551; Clark v. Lopp, 80 Mo. App. 542; State ex rel. v. Loan Ass’n, 80 Mo.
Read the full summary
Appeal from Ripley Circuit Court. — lion. J. L. Forty Judge. When the loan association has become insolvent, payments on stock will not be applied as credits on the loan. The borrower must repay his loan and should present his claim for stock payments to be allowed in' due course against the insolvent estate. Brown v. Archer, 62 Mo. App. 277; Price v. Loan Ass’n, 75 Mo. App. 551; Clark v. Lopp, 80 Mo. App. 542; State ex rel. v. Loan Ass’n, 80 Mo. App. 585; Woerhide v. Johnston, 81 Mo. App. 200; ITohenshell v. Loan Ass ’n, 140 Mo. 566; Phelps v. Loan Ass’n (Mich.), 80 N. W. 120. The…
1Opinion of the CourtGoode, J.
Eespondents instituted this action, which is in the nature of a bill in equity, against W. H. Verity as assignee of the Missouri Guarantee Savings & Building Association and A. J. O’Neal, sheriff of Bip-ley county, to compel an accounting between the respondents and said assignee and to restrain said sheriff from selling certain lots belonging to the respondents under a deed of trust executed by them June 25, 1892, *588to secure money borrowed from said building association.
Gary subscribed for stock of tlie par value of one thousand dollars in November, 1891, and paid tbe association dues of five…
2Cases cited8 opinions
- Brown v. Lasalle ArcherMissouri Court of Appeals · 1895
- Hohenshell v. Home Savings & Loan Ass'nSupreme Court of Missouri · 1897
- Bertche v. Equitable Loan & Investment Ass'nSupreme Court of Missouri · 1898
- Reitz v. HaywardMissouri Court of Appeals · 1903
- Caston v. StaffordMissouri Court of Appeals · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- E. H. Emery & Co. v. American Reprigerator Transit Co.Supreme Court of Iowa · 1921
- Henry v. Continental Bldg. Etc. Assoc.California Supreme Court · 1909
- Williams v. DeanSupreme Court of Iowa · 1907
- Groover v. Pacific Coast Sav. SocietyCalifornia Supreme Court · 1912
- Hough v. MaupinSupreme Court of Arkansas · 1905