Legal Opinion

Guaranty Savings & Loan Ass'n of Minneapolis v. Ascherman

Supreme Court of Iowa

Decided April 8, 1899PublishedCited by 4 opinions

Appeal from Scott District Court. — Horn J. W. BolliNger, Judge. The defendant is a member of the plaintiff association, and has been since some time prior to July 1, 1896, and owns sixty-five shares of its stock, of the par value of six thousand five hundred dollars, for which he executed a bond by which the terms of payment were fixed at six per cent, interest per annum thereon, and seven per cent, premium per annum thereon, payable monthly, on the first day of each month,…

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Appeal from Scott District Court. — Horn J. W. BolliNger, Judge. The defendant is a member of the plaintiff association, and has been since some time prior to July 1, 1896, and owns sixty-five shares of its stock, of the par value of six thousand five hundred dollars, for which he executed a bond by which the terms of payment were fixed at six per cent, interest per annum thereon, and seven per cent, premium per annum thereon, payable monthly, on the first day of each month, until the dues on the stock before mentioned,' — which stock was pledged as collateral security for the payment of the…

1Opinion of the Court

GeaNgee, J. — I.

The pleadings and proceedings are largely devoted to the question of whether the loan was made prior to the taking effect of the act of the Twenty-sixth General Assembly (chapter 85). Section 9 of said act, which is the important part of it for the purposes of this case, went into the present Code as section 1898; and, looking to that section alone, the date of the loan in this case might make a material difference as to plaintiff’s right of recovery, and hence the question as to whether the loan was so made as to be tinder its provisions has Been carefully presented. "When…

2Cases cited5 opinions

  1. State ex rel. Witter v. ForknerSupreme Court of Iowa · 1895
  2. Iowa Savings & Loan Ass'n v. HeidtSupreme Court of Iowa · 1899
  3. Christie v. Life Indemnity & Investment Co.Supreme Court of Iowa · 1891
  4. Iowa Savings & Loan Ass'n v. CurtisSupreme Court of Iowa · 1899
  5. Otcheck v. HostetterSupreme Court of Iowa · 1889

3Cited by4 opinions

  1. Smith v. SmithSupreme Court of Iowa · 1916
  2. Dayton v. Pacific Mutual Life InsuranceSupreme Court of Iowa · 1926
  3. Iowa Savings & Loan Ass'n v. SelbySupreme Court of Iowa · 1900
  4. Beebe v. Tolerton & Stetson Co.Supreme Court of Iowa · 1902

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