Legal Opinion

Cramer v. Southern Ohio Loan & Trust Co.

Ohio Supreme Court

Decided May 2, 1905No. 8846Published

Error to the Circuit Court of Paulding county. The defendant in error began a suit in the court of common pleas of Paulding county against the plaintiff in error and his wife (who is now deceased) to foreclose a mortgage on certain real estate in that county, and for a personal judgment against the husband.

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Error to the Circuit Court of Paulding county. The defendant in error began a suit in the court of common pleas of Paulding county against the plaintiff in error and his wife (who is now deceased) to foreclose a mortgage on certain real estate in that county, and for a personal judgment against the husband. The petition alleges that plaintiff is a corporation under the laws of Ohio, and organized for the purpose of raising money to be loaned among its members, and that it is engaged in that -business; that on the twenty-fourth day of June, 1896, under an application in writing for. that…

1Opinion of the CourtPrice, J.

The amount in controversy between the parties is $499.22 — the difference between the judgment of the court of common pleas and that of the circuit court. This amount the plaintiff in error claims is all usury and should not be charged against him.

The Southern Ohio Loan & Trust Company is an Ohio corporation, organized under the provisions of section 3836-1, et seq., Revised Statutes of Ohio. That section provides: “A corporation for the purpose of raising money to be loaned among its members shall be known in this act as a building and loan association. Associations organized under the laws…

2Cases cited6 opinions

  1. Holmes v. SmytheIllinois Supreme Court · 1881
  2. People's Building & Loan Ass'n v. BillingMichigan Supreme Court · 1895
  3. Archer v. Baltimore Building & Loan Ass'nWest Virginia Supreme Court · 1898
  4. State ex rel. Attorney-General v. Greenville Building & Saving Ass'nOhio Supreme Court · 1876
  5. Henderson Building & Loan Ass'n v. JohnsonCourt of Appeals of Kentucky · 1889

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