Burkheimer v. National Mutual B. & L. Ass'n
West Virginia Supreme Court
Appeal from Circuit Court, Cabell County. Suit by Wm. M. Burklieimer, Jr., against The National Mutual Building and Loan Association of New York et al. From a decree fixing the amount owing from the plaintiff to defendant Building and Loan Association, said association appeals.
1Opinion of the Court
POFFENBARGER, JUDGE :
On a bill in equity, filed by William M. Burkheimer, Jr., against the National Mutual Building and Loan Association, of New York, for a settlement and adjudication of the amount due on the loan made by said association to him, on the basis of a simple, straight loan, by application to the debt of all sums paid as dues, interest and premiums, under the rule of partial payments, on the theory that the contract between the plaintiff and said association never was a legal building and loan association contract, or, if it ever was such, that, by misconduct on the part of the…
2Cases cited11 opinions
- Toledo Tie & L. Co. v. ThomasWest Virginia Supreme Court · 1890
- Zell Guano Co. v. HeatherlyWest Virginia Supreme Court · 1893
- Wellsburg & State Line Railroad v. Pan Handle Traction Co.West Virginia Supreme Court · 1904
- Pyles v. Furniture Co.West Virginia Supreme Court · 1887
- Floyd v. National Loan & Investment Co.West Virginia Supreme Court · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. GriffinSupreme Court of South Carolina · 1924
- Ex Parte CypressSupreme Court of Alabama · 1963
- Kimball v. Sundstrom & Stratton Co.West Virginia Supreme Court · 1917
- Intermountain Building & Loan Ass'n v. Casper Mutual Building & Loan Ass'nWyoming Supreme Court · 1934
- Stoddard v. JarrettWest Virginia Supreme Court · 1915
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