Montgomery Mutual Building & Loan Ass'n v. Robinson
Supreme Court of Alabama
Appeal from Montgomery Chancery Court. Heard before Hon. IT. Austill. On the 20th July, 1869, John Lawler, at that time holding and owning ten shares of the stock of The Montgomery Mutual Building and Loan Association, a coi’poration created by a special act of the General Assembly, purchased, under the provisions of the charter of the association, an advance or loan of $2,000 on his ten shares, for which he gave his note, and executed a mortgage on real estate in the city…
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Appeal from Montgomery Chancery Court. Heard before Hon. IT. Austill. On the 20th July, 1869, John Lawler, at that time holding and owning ten shares of the stock of The Montgomery Mutual Building and Loan Association, a coi’poration created by a special act of the General Assembly, purchased, under the provisions of the charter of the association, an advance or loan of $2,000 on his ten shares, for which he gave his note, and executed a mortgage on real estate in the city of Montgomery securing the same, with power of sale. The amount of money, which he actually received on the advance or…
1Opinion of the CourtBbickell, C. J.
By agreement, the parties have waived •all other than three of the questions the assignment of errors is supposed to involve. These questions are thus stated in the agreement: 1. Whether there was usury in the transaction between John Lawler and the Building and Loan Association, out of which the note and mortgage arose, havi/ng been made i/n •accordance with the constitution of the association. 2. Upon what principles, and in what way, must the amount legally due upon the mortgage be ascertained. 3. The constitutionality •of the act of incorporation, and if unconstitutional, what effect it…
2Cases cited9 opinions
- People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
- Ex parte PollardSupreme Court of Alabama · 1866
- Brewster v. . City of SyracuseNew York Court of Appeals · 1859
- Mobile Building & Loan Ass'n v. RobertsonSupreme Court of Alabama · 1880
- Mills v. Salisbury Building & Loan Ass'nSupreme Court of North Carolina · 1876
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. ShawOregon Supreme Court · 1892
- State v. MorganSouth Dakota Supreme Court · 1891
- Miller v. JonesSupreme Court of Alabama · 1885
- Holton v. StateSupreme Court of Florida · 1891
- Atlanta Savings Bank v. SpencerSupreme Court of Georgia · 1899
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