Arbuthnot v. Brookfield Loan & Building Ass'n
Missouri Court of Appeals
Appeal from Linn Circuit Court. — Ho». John P. Butter, Judge. (1) J. A. Arbuthnot should not have been allowed to testify in this action, as he was the attorney for the appellant at the time the loan was made, and the facts testified to came to his knowledge as such attorney.
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Appeal from Linn Circuit Court. — Ho». John P. Butter, Judge. (1) J. A. Arbuthnot should not have been allowed to testify in this action, as he was the attorney for the appellant at the time the loan was made, and the facts testified to came to his knowledge as such attorney. R. S. 1899, sec. 4659. (2) The respondents should have been charged with the amount of the fines, with which they were chargeable under the by-laws, shown by the evidence, to the amount of $73.70. The by-law of the appellant, providing for fines, was introduced in evidence and all shares of stock in' associations of this…
1Opinion of the CourtEllison, J.
1. This is an action in equity whereby it is sought to cancel a note, and deed of trust to secure it, given by plaintiff to defendant for borrowed money. The plaintiff asked an accounting and offered to pay to defendant whatever sum was found to be legally due. The- trial court found that there was yet due defendant the sum of $777.28 and entered *385a .decree that -upon the payment of that sum to defendant the note and deed of trust should be cancelled. The defendant, claiming more than that sum, has appealed.
It appears that defendant is a building’ and loan association and that in October,…
2Cases cited6 opinions
- Brown v. Lasalle ArcherMissouri Court of Appeals · 1895
- Moore v. Cameron Building & Loan Ass'nMissouri Court of Appeals · 1898
- Cover v. Mercantile Mutual Building & Loan Ass'nMissouri Court of Appeals · 1902
- Barnes v. Missouri Guarantee Savings & Building Ass'nMissouri Court of Appeals · 1900
- Clark v. Missouri Guarantee Saving & Building Ass'nMissouri Court of Appeals · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- McDonnell v. De Soto Savings & Building Ass'nSupreme Court of Missouri · 1903
- Holmes v. Royal Loan Ass'nMissouri Court of Appeals · 1912
- Holmes v. Webb City Building & Loan Ass'nMissouri Court of Appeals · 1915