Home Bldg. & Loan Ass'n v. Wills

This is an action for money had and received wherein the plaintiff below, as a borrower and member of the defendant building and loan association, seeks to recover certain alleged overpayments made to said association on his loan and stock certificates. From a judgment in favor of the former, both parties have appealed. The parties will be designated in the order of their appearance at the trial.

Plaintiff became the owner of certain real property upon which the defendant association held a mortgage to secure the sum of $8,500 as evidenced by a note. Plaintiff’s grantor held 85 shares of stock…