Bertche v. Equitable Loan & Investment Ass'n
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. George F. Pongan, Judge. (1) The contract or obligation set out in the deed of trust providing for the payment of monthly dues and premiums, and further providing for release and satisfaction at the end of one hundred months, is legal and binding and in harmony with the statutes of Missouri and the by-laws of said association.
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Appeal from Pettis Circuit Court. — Hon. George F. Pongan, Judge. (1) The contract or obligation set out in the deed of trust providing for the payment of monthly dues and premiums, and further providing for release and satisfaction at the end of one hundred months, is legal and binding and in harmony with the statutes of Missouri and the by-laws of said association. R. S. 1889, sec. 2813; Lime City Building and Loan Ass’n v. Wagner, 23 N. E. Rep. 689; Sawyer v. Loan and Building Ass’n, 103 Mich. 228. (2) The statute does not in express terms authorize the association to make such a contract…
1Opinion of the CourtRobinson, J.
— This is a proceeding in equity, brought in the Pettis county circuit court, by the plaintiff as a stockholder, against the Equitable Xoan & Investment Association of Sedalia, and the directors of said association, to enjoin the defendants from carrying out a resolution of the board of directors made in April, 1898, directing the release of certain deeds of trust given to the association by some twenty borrowing or advanced stockholders to secure the payment of loans or advancements on their shares.
There was a trial in the court below, resulting in a judgment enjoining and restraining…
2Cases cited7 opinions
- Daggs v. Orient InsuranceSupreme Court of Missouri · 1896
- King v. International Building, Loan & Investment UnionIllinois Supreme Court · 1897
- Fisher v. PattonSupreme Court of Missouri · 1896
- Sawyer v. Menominee Loan & Building Ass'nMichigan Supreme Court · 1894
- Wierman v. International Building, Loan & Investment UnionAppellate Court of Illinois · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Anglo-American Land, Mortgage & Agency Co. v. LombardCourt of Appeals for the Eighth Circuit · 1904
- First Mortgage Bond Homestead Ass'n v. BakerCourt of Appeals of Maryland · 1929
- Reitz v. HaywardMissouri Court of Appeals · 1903
- Caston v. StaffordMissouri Court of Appeals · 1902
- Union Mutual Building & Loan Ass'n v. AicheleIndiana Court of Appeals · 1901
18 more not listed; retrieve them via the Exa API.