Legal Opinion · Dissent

Lindsay v. United States Savings & Loan Co.

Supreme Court of Alabama

Decided November 15, 1899Published

Appeal from the Chancery Court of Jefferson. Heard before the Hon. John C. Carmichael. The hill in this ca-se was filed by the appellant, Henrietta -A. -'Lindsay, against the United States Savings & Loan Company.

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Appeal from the Chancery Court of Jefferson. Heard before the Hon. John C. Carmichael. The hill in this ca-se was filed by the appellant, Henrietta -A. -'Lindsay, against the United States Savings & Loan Company. The bill averred that the complainant had negotiated -and -consummated a loan with the defendant, which was a building -and loan association, and to secure this loan, the complainant; together with her husband, executed to said defendant a mortgage upon certain specifically described real estate; and that this loan was made in the manner that was usual to the making of loans by…

1Dissent

HARALSON, J.,

dissenting. — On a former appeal in this case, following the former decision of Falls v. U. S. Savings, Loan & Building Co., 97 Ala. 417,— identical in its legal aspects as to the transaction here involved, — it was held that the contract was usurious, a. rate of interest exceeding 8 per cent, having been received. — Lindsay v. U. S. Savings & Loan Asso., 120 Ala. 156. The chancellor in his opinion on the trial below says: “It is alleged and shown, that the contract contained in the mortgage, or the loan, is usurious,” and this is not denied by the defendant. He also says: “The…

2Cases cited10 opinions

  1. Holland v. ChallenSupreme Court of the United States · 1884
  2. Lindsay v. United States Savings & Loan Ass'nSupreme Court of Alabama · 1897
  3. Missouri, Kansas & Texas Trust Co. v. KrumseigSupreme Court of the United States · 1899
  4. Lehman v. RobinsonSupreme Court of Alabama · 1877
  5. Falls v. United States Savings, Loan & Building Co.Supreme Court of Alabama · 1892

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