Detweiler v. Breckenkamp
Supreme Court of Missouri
Appeal from Franklin Circuit Court. — Hon. A. J, Seat, Judge. (1) The petition did not state a cause of action. The statute, Gr. S. 1865, p. 366, did not authorize the association to enter into the contracts with Pcehler which are declared on in the' petition. Field on Corp., sec. 54. (2) The by-laws of the association providing that in case-of non-payment of dues for four months, the delinquent shares should be forfeited, were oppressive and unreasonable and therefore void.
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Appeal from Franklin Circuit Court. — Hon. A. J, Seat, Judge. (1) The petition did not state a cause of action. The statute, Gr. S. 1865, p. 366, did not authorize the association to enter into the contracts with Pcehler which are declared on in the' petition. Field on Corp., sec. 54. (2) The by-laws of the association providing that in case-of non-payment of dues for four months, the delinquent shares should be forfeited, were oppressive and unreasonable and therefore void. (3) The by-laws did not authorize .the condition in the deed of trust that if default should be made in the payment of…
1Opinion of the Court
Ewing, C.
The plaintiff substantially alleged that the “Washington Building and Savings Association” was a corporation. That on January 3rd,'1872, the defendant, Aug. Poehler, made and delivered to said association his bond with conditions, for $800. That to secure the payment thereof he then and there executed and delivered to Stephen M. Jones his deed whereby he conveyed certain real estate to said Jones as trustee. In this deed of trust and bond there are numerous conditions fully set *48out, as to the requirements of the by-laws and constitution of the association which need not be fully…
2Cases cited4 opinions
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- Henning v. United States InsuranceSupreme Court of Missouri · 1871
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- Hardy v. MerriweatherIndiana Supreme Court · 1860
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