Cover v. Mercantile Mutual Building & Loan Ass'n
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. J. II. Slover, Judge. (1) Respondents are estopped to claim there was usury in the Missouri Mutual loan by reason of the settlement and readjustment in 1897, and the credit for the profits earned by their Missouri Mutual stock, which profits arose from the premium paid by them and from like premiums paid by other members. State ex rel. v. Stockton, 85 Mo.
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Appeal from Jackson Circuit Court. — Hon. J. II. Slover, Judge. (1) Respondents are estopped to claim there was usury in the Missouri Mutual loan by reason of the settlement and readjustment in 1897, and the credit for the profits earned by their Missouri Mutual stock, which profits arose from the premium paid by them and from like premiums paid by other members. State ex rel. v. Stockton, 85 Mo. App. 477; Benevolent Society v. Murray, 145 Mo. 622; Quinlan v. Keiser, 66 Mo. 603; Building and Loan Ass’n v. Shields, 71 Miss. 630; Building and Loan Ass’n v. Leonard, 74 Miss. 810; Building and…
1Opinion of the Court
ELLISON, J.-
— This is an action to cancel two notes and deed of trust securing them, given by plaintiffs to defendant, a building and loan association, on the ground that *305they had. been paid. Eor the purpose of an accounting between the parties the matter was referred to a referee. The referee found that plaintiffs had paid the notes in full; and had overpaid in such amounts as to leave due them the sum of $651.10. Judgment was rendered for plaintiffs for said sum and that the notes and deed of trust be cancelled.
The facts necessary to state in order that our conclusions in this case may be…
2Cases cited7 opinions
- Brown v. Lasalle ArcherMissouri Court of Appeals · 1895
- Schulenburg v. HaydenSupreme Court of Missouri · 1898
- Moore v. Cameron Building & Loan Ass'nMissouri Court of Appeals · 1898
- Natchez Building & Loan Ass'n v. ShieldsMississippi Supreme Court · 1893
- Barnes v. Missouri Guarantee Savings & Building Ass'nMissouri Court of Appeals · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- McDonnell v. De Soto Savings & Building Ass'nSupreme Court of Missouri · 1903
- Midland Savings & Loan Co. v. HendersonSupreme Court of Oklahoma · 1915
- Beach v. Guaranty Sav. Assoc.Oregon Supreme Court · 1904
- Kittredge v. Chillicothe Loan & Building Ass'nMissouri Court of Appeals · 1903
- Arbuthnot v. Brookfield Loan & Building Ass'nMissouri Court of Appeals · 1903
4 more not listed; retrieve them via the Exa API.