Goodrich v. Atlanta National Building & Loan Ass'n
Supreme Court of Georgia
Complaint. Before Judge Clark. DeKalb superior court. August term, 1894. Mrs. Goodrich, being a member and stockholder in the building and loan association, procured an advance ■ of $1,000 from it, and gave her bond conditioned to be void if she should pay to the association so long as it should continue to exist, or as provided in the by-laws, $5 monthly installments on her stock on which the, advance was procured, and $4.25 monthly as interest and premium on said advance,…
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Complaint. Before Judge Clark. DeKalb superior court. August term, 1894. Mrs. Goodrich, being a member and stockholder in the building and loan association, procured an advance ■ of $1,000 from it, and gave her bond conditioned to be void if she should pay to the association so long as it should continue to exist, or as provided in the by-laws, $5 monthly installments on her stock on which the, advance was procured, and $4.25 monthly as interest and premium on said advance, etc. She also made a deed conveying certain realty to secure the repayment of the loan, “as well as all cost of…
1Opinion of the CourtAtkinson, J.
1. That an action is prematurely brought, is a defense which is not available under the plea o£ the general issue. Such an issue must be presented either by plea in abatement to the writ, or by motion for nonsuit; but if the fact appear on the face of the record, it may be made by demurrer.
2. The pleas alleging usury, and which were stricken, on motion, by the court, containing no averments of fact which take the present out of that class of cases in which, according to the rulings of this court, contracts purely mutual between the members of building and loan associations, where each member…
2Cases cited1 opinion
- Hays v. Jordan & Co.Supreme Court of Georgia · 1890
3Cited by13 opinions
- Jones v. HarrellSupreme Court of Georgia · 1900
- Cook v. Equitable Building & Loan Ass'nSupreme Court of Georgia · 1898
- Beavers v. LeSueurSupreme Court of Georgia · 1939
- Realty Co. v. EllisCourt of Appeals of Georgia · 1908
- National Building Ass'n v. QuinSupreme Court of Georgia · 1904
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