Legal Opinion · Dissent

Le Mars Building & Loan Ass'n v. Burgess

Supreme Court of Iowa

Decided January 18, 1906Published

Appeal from Pottawattamie District Court.— Hon. O. D. Wheeler, 'Judge. Suit to foreclose a mortgage. Judgment for tbe defendants. The plaintiff appeals.—

1DissentWeaver, J.

(dissenting).— In my judgment the decree of the trial court needs no other support than is found in section 5, art., 15, of the appellant’s by-laws, quoted in the, foregoing opinion by Sherwin, J. For clearness of statement I reproduce it here:

'Class D installment stock shall be payable 50 cents per share per month on the 1st day of each and every month, in advance, beginning with the date of the certificate, until such time as the total amounts of the installment paid and the earnings accredited to the shares of stock (less the sums 'credited to the expense account) amount to the par value…

2Cases cited13 opinions

  1. Vought v. Eastern Building & Loan Ass'nNew York Court of Appeals · 1902
  2. Eastern Building and Loan Assn. v. WilliamsonSupreme Court of the United States · 1903
  3. Field v. Eastern Building & Loan Ass'nSupreme Court of Iowa · 1902
  4. Davis v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1891
  5. Thomas v. Town of BrooklynSupreme Court of Iowa · 1882

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