Legal Opinion

Clause v. Columbia Savings & Loan Ass'n

Wyoming Supreme Court

Decided April 21, 1908PublishedCited by 19 opinions

Error to the District Court, Carbon County; HoN. David H. Craig, Judge. The facts are stated in' the opinion. It was necessary for the plaintiff to prove the stock had not matured to maintain its suit. The failure to pay an installment, if any was due, in view of the by-laws of the association, gave a right of action upon the whole debt, and, therefore, upon the first default the statute of limitations commenced to run.

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Error to the District Court, Carbon County; HoN. David H. Craig, Judge. The facts are stated in' the opinion. It was necessary for the plaintiff to prove the stock had not matured to maintain its suit. The failure to pay an installment, if any was due, in view of the by-laws of the association, gave a right of action upon the whole debt, and, therefore, upon the first default the statute of limitations commenced to run. (Bank v. Peck, 8 Kan. 663; Hemp v. Garland, 4 Q. B. 519; Reeves v. Butcher, 2 id. 509; Mach. Works v. Reigon, 64 Tex. 89; Noell v.'Gaines, 68 Mo. 649; Mfg. Co. v. Howard, 28…

1Opinion of the Court

Potter, Chief Justice.

The defendant in error, who was the plaintiff below, is a Colorado corporation and belongs to that class of private corporations commonly known as building associations. Its original corporate name was The Columbia Building and Roan Association. In 1899 the name was changed to The Columbia Savings and Loan Association. This suit was brought by the association to recover an amount alleged to be due upon the note or contract of a borrowing shareholder.

Robert O’Malia, then a resident of the City of Rawlins, in this State, became a member of said association June 4, 1890,…

2Cases cited13 opinions

  1. Ketterman v. Dry Fork Railroad Co.West Virginia Supreme Court · 1900
  2. Burke v. Inter-State Savings & Loan Ass'nMontana Supreme Court · 1901
  3. Moline Plow Co. v. WebbSupreme Court of the United States · 1891
  4. Concordia Savings and Aid Ass'n v. . ReadNew York Court of Appeals · 1883
  5. Watts v. CreightonSupreme Court of Iowa · 1892

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3Cited by19 opinions

  1. Rosa v. CantrellCourt of Appeals for the Tenth Circuit · 1982
  2. Meshek v. CordesSupreme Court of Oklahoma · 1933
  3. Hoke v. Motel 6 JacksonWyoming Supreme Court · 2006
  4. Brock v. FrancisSupreme Court of Kansas · 1913
  5. Cowley-Lanter Lbr. Co. v. DowSupreme Court of Oklahoma · 1931

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