Legal Opinion

Rogers v. Ogden Bldg. & Sav. Ass'n

Utah Supreme Court

Decided December 2, 1905No. 1637PublishedCited by 4 opinions

Appeal from District Court, Weber County; Chas. H. Hart, Judge. Actions by L. R. Rogers and by Jesse J. Driver against tbe Ogden Building & Savings Association. In tbe latter action W. W. Crossman and L. R. Rogers intervened, after wbicb tbe actions were consolidated and tried together. From a judgment rendered in favor of Rogers, Driver and Crossman appealed. APPELLANT'S POINTS.

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Appeal from District Court, Weber County; Chas. H. Hart, Judge. Actions by L. R. Rogers and by Jesse J. Driver against tbe Ogden Building & Savings Association. In tbe latter action W. W. Crossman and L. R. Rogers intervened, after wbicb tbe actions were consolidated and tried together. From a judgment rendered in favor of Rogers, Driver and Crossman appealed. APPELLANT'S POINTS. A corporation, sucb as tbe one at bar, tbe bolder of matured or paid up stock, cannot maintain an action at law against tbe association to recover tbe value of his stock. This doctrine is elementary. (Endl. on Bldg.…

1Opinion of the CourtStraup, J.

1. Tbe Ogden Building & Savings Association was a corporation organized in 1898 under tbe general incorporation act of tbe then territory of Utah, and, while not technically known as a building and loan association, to some extent it partook of tbe nature of such associations. Tbe purpose of this organization, as stated in its articles of incorporation, was “the accumulation of a fund by tbe savings of tbe members thereof sufficient to enable each shareholder to invest bis savings safely and speedily, and to purchase real estate, or to irívest tbe same as may be deemed by him most profitable,…

2Cases cited13 opinions

  1. United States v. Union Pacific RailroadSupreme Court of the United States · 1875
  2. Young v. GodbeSupreme Court of the United States · 1873
  3. Appeal of ChristianSupreme Court of Pennsylvania · 1883
  4. Leahy v. National Building & Loan Ass'nWisconsin Supreme Court · 1898
  5. Hohenshell v. Home Savings & Loan Ass'nSupreme Court of Missouri · 1897

8 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Ralph A. Badger & Co. v. Fidelity Building & Loan Ass'n.Utah Supreme Court · 1938
  2. Commissioner of Banks v. T. C. Lee & Co.Massachusetts Supreme Judicial Court · 1935
  3. Adam v. New England Investment Co.Supreme Court of Rhode Island · 1911
  4. Fisher v. Intermountain Building & Loan Ass'nIdaho Supreme Court · 1935

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