Emmons v. National Mut. Bldg. & Loan Ass'n
Court of Appeals for the Fourth Circuit
Appeal from the Circuit Court of the United States for the Southern District of West Virginia, at Huntington. The bill in this cause was filed in the circuit court of Cabell county, W. Va., by J. H. Russell and D. W. Emmons, plaintiffs, suing on behalf of themselves and for the use and benefit of all other stockholders in the National Mutual Building & Loan Association of New York, a corporation of said state, conducting business and having estate in the state of West…
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Appeal from the Circuit Court of the United States for the Southern District of West Virginia, at Huntington. The bill in this cause was filed in the circuit court of Cabell county, W. Va., by J. H. Russell and D. W. Emmons, plaintiffs, suing on behalf of themselves and for the use and benefit of all other stockholders in the National Mutual Building & Loan Association of New York, a corporation of said state, conducting business and having estate in the state of West Virginia, and George J. Peet, trustee; and by appropriate proceedings the cause was duly removed into the United States…
1Opinion of the Court
WADDILL, District Judge (after stating facts as above).
The real question involved is whether or not the bill of the complainants is multifarious, and should have been dismissed. It will be observed that while many charges are preferred against the defendant company, the gist of the bill is, as shown by its prayer, that the true state of accounts between the complainants and the defendants may be ascertained, and their liability determined; that the transaction may be stripped of usury, and all sums paid by them be applied as credits on the principal sum borrowed; that the trust deed should be…
2Cases cited17 opinions
- Barney v. LathamSupreme Court of the United States · 1881
- Oliver v. PiattSupreme Court of the United States · 1845
- Gormley v. ClarkSupreme Court of the United States · 1890
- Hefner v. Northwestern Life InsuranceSupreme Court of the United States · 1887
- Brown v. Guarantee Trust & Safe Deposit Co.Supreme Court of the United States · 1888
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