Legal Opinion

Guaranty Saying & Loan Ass'n v. Simko

Indiana Court of Appeals

Decided May 12, 1905No. 4,694PublishedCited by 2 opinions

Erom Lake Circuit Court; Willis O. McMahan, Judge. Action by the Guaranty Saving and Loan Association against Andrew Simko and wife. Erom a decree for defendants, plaintiff appeals.

1Opinion of the CourtEobiitsoh, P. J.

Suit to foreclose a mortgage executed by appellees to secure the payment of a bond. Appellees became stockholders in appellant association, obtained a loan upon their stock, and executed a mortgage to secure the loan. Appellees answered that when the stock was taken, the loan contracted and the bond and mortgage executed, appellant’s agent falsely and fraudulently, and intending to' deceive appellees, represented that seventy-two monthly payments would mature the stock, and that if they became borrowers, and made seventy-two monthly payments of a stipulated sum, with premium and interest, the…

2Cases cited4 opinions

  1. Moore v. HarmonIndiana Supreme Court · 1895
  2. Hartman v. International Building & Loan Ass'nIndiana Court of Appeals · 1901
  3. Wayne International Building & Loan Ass'n v. SkeltonIndiana Court of Appeals · 1901
  4. Union Mutual Building & Loan Ass'n v. AicheleIndiana Court of Appeals · 1901

3Cited by2 opinions

  1. Wiley v. Commonwealth Loan & Savings Ass'nIndiana Court of Appeals · 1909
  2. American Building & Loan Ass'n v. HughesIndiana Court of Appeals · 1910

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