Leary v. Peoples Building, Loan, & Savings Ass'n
Texas Supreme Court
Error to the Court of Civil Appeals for the Third District, in an appeal from Bowie County. Leary brought suit against the association and the latter had judgment against him on its plea in intervention. He appealed and upon affirmance procured writ of error.
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Error to the Court of Civil Appeals for the Third District, in an appeal from Bowie County. Leary brought suit against the association and the latter had judgment against him on its plea in intervention. He appealed and upon affirmance procured writ of error. The following is, in part, the opinion of the Court of Civil Appeals: “Key, J. — The court below seems to have treated the two sums of $185.77 each, found to have been paid as interest and premiums, as interest stipulated to be paid for the $1800 that was loaned, and the total of the two sums being in excess of the highest rate of…
1Opinion of the Court
BROWN, Associate Justice.
Daniel T. Leary borrowed from the loan association $1800, for which he executed his bond, joined by his wife, for $4000, dated February 26, 1894, payable to the said association, and subscribed for twenty shares of stock in that corporation of the face value of $100 per share.
The bond recited that Leary, as a member and stockholder of the association, had received from it, under the articles of incorporation, an advance of $100 per share on the value of twenty shares of stock in anticipation of their par value at the time when they should mature, stating the terms as…
2Cases cited2 opinions
- Building & Loan Ass'n of Dakota v. GriffinTexas Supreme Court · 1897
- Bringhurst v. Mutual Building & Loan Ass'nCourt of Appeals of Texas · 1898
3Cited by8 opinions
- Cochran v. Wool Growers Central Storage Co.Texas Supreme Court · 1942
- Guisti v. Galveston TribuneTexas Supreme Court · 1912
- Prudential Building & Loan Ass'n v. ShawTexas Supreme Court · 1930
- C. C. Slaughter Co. v. EllerCourt of Appeals of Texas · 1917
- Wood v. Continental Sav. & Bldg. Ass'nTexas Commission of Appeals · 1933
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