Peoples' Sawing & Building Ass'n v. Denton
Court of Appeals of Kentucky
Case 16 — ACTION TO ENFORCE BUILDING AND LOAN MORTGAGE — APPEAL I-ROM HENDERSON CIRCUIT COURT. A building and loan association has a right to charge its members fines for failure to comply with its by-laws, and reasonable sums as expense dues for maintaining and carrying on the business. Ky. Stats., sec. 867; Herbert, &c., v. Kenton Bldg. & L. Assn, of Covington, 11 Bush, 304; Henderson Bldg. & L. Assn. v. Johnson, 88 Ky., 197; Rogers, Recr., v. Rains, 18 Ky.
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Case 16 — ACTION TO ENFORCE BUILDING AND LOAN MORTGAGE — APPEAL I-ROM HENDERSON CIRCUIT COURT. A building and loan association has a right to charge its members fines for failure to comply with its by-laws, and reasonable sums as expense dues for maintaining and carrying on the business. Ky. Stats., sec. 867; Herbert, &c., v. Kenton Bldg. & L. Assn, of Covington, 11 Bush, 304; Henderson Bldg. & L. Assn. v. Johnson, 88 Ky., 197; Rogers, Recr., v. Rains, 18 Ky. Law Rep., 771; Endlich on Bldg. & L. Assns., p. 530; Simpson v. Ky. Citizens’ Bldg. Assn., 41 S. W. R., 571. Additional citation:…
1Opinion of the CourtChief Justice Hazelrigg
delivered ti-ie opinion of the court.
In March, 1888, appellee borrowed from appellant, a building and loan association, the sum of $600; and, after paying divers sums, was adjudged, at the suit of the .association, to owe a balance on his indebtedness of $145.47, as of May 25, 1897. A judgment of sale to satisfy this sum was accordingly entered, and the question of further indebtedness was reserved by the lower court for future decision. Subsequently the plaintiff filed what is termed a “second amended petition,” and in this the terms of the contract of loan were, in effect, ignored or…
2Cases cited1 opinion
- Safety Building & Loan Co. v. EcklarCourt of Appeals of Kentucky · 1899
3Cited by2 opinions
- Cynthiana Bldg. & Sav. Ass'n v. EcklarCourt of Appeals of Kentucky · 1901
- U. S. Building & Loan Ass'n Assignee v. U. S. Building & Loan Ass'nCourt of Appeals of Kentucky · 1900