Legal Opinion

Cynthiana Bldg. & Sav. Ass'n v. Ecklar

Court of Appeals of Kentucky

Decided December 3, 1901PublishedCited by 5 opinions

Case 14 — Action to Recover Usury Paid APPEAL FROM HARRISON CIRCUIT COURT. JUDSMENT FOR PLAINTIFF AND DEFENDANT APPEALS.

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Case 14 — Action to Recover Usury Paid APPEAL FROM HARRISON CIRCUIT COURT. JUDSMENT FOR PLAINTIFF AND DEFENDANT APPEALS. In the lower court appellee sued appellant for $260.92, alleged to be due him, as usury paid appellant, on a loan of $1,000 made June 28, 1895. Payments were made on the loan at intervals up to November 14, 1900, when plaintiff applied for a new loan, took credit on the original loan for the payments made, deducted the amount he still owed on the original loan from the sum applied for in the school loan, and was paid the difference in. cash. Later on he paid off the last…

1Opinion of the Court

Opinion of the court by

JUDGE O’REAR

Affirming.

In 1895 appellee, being a holder of ten shares of the •stock of appellant, association, borrowed $1,000 from it, upon which he made payments from time to time, according' to the by-laws of the association, which payments, unden numerous familiar decisions of this court, included usurious interest. In 1897 this court deciding the case of Simpson v. Association (19 Ky. Law Rep., 1176), (41 S. W., 570), (42 S. W, 884), exactly defined the relations between building and loan associátions that were going concerns and their borrowing stockholders. The…

2Cases cited4 opinions

  1. Simpson v. Kentucky Citizens Building & Loan Ass'nCourt of Appeals of Kentucky · 1897
  2. Safety Building & Loan Ass'n v. MontjoyCourt of Appeals of Kentucky · 1900
  3. Cynthiana Building & Loan Ass'n v. FlorenceCourt of Appeals of Kentucky · 1900
  4. Peoples' Sawing & Building Ass'n v. DentonCourt of Appeals of Kentucky · 1899

3Cited by5 opinions

  1. Ravitz v. Steurele, Justice of the PeaceCourt of Appeals of Kentucky (pre-1976) · 1934
  2. Gray v. United States Savings & Loan Co.Court of Appeals of Kentucky · 1903
  3. Linton v. Fulton Building Loan Ass'nCourt of Appeals of Kentucky (pre-1976) · 1936
  4. Gudgel v. KaelinCourt of Appeals of Kentucky · 1977
  5. Linton v. Fulton Building & Loan Ass'nCourt of Appeals of Kentucky · 1936

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