Legal Opinion

Hawkeye Benefit & Loan Ass'n v. Blackburn

Supreme Court of Iowa

Decided April 20, 1878PublishedCited by 10 opinions

Appeal from Marshall Circuit Cowt, The plaintiff is a corporation, organized in March, 1870, under the general incorporation law, for the expressed object of “assisting the members of the association in the acquisition of freehold property, in the erection of buildings, and otherwise improving the same, and in the removal of incumbrances or liabilities upon property already held by them, and to enable them to' receive the amount of their shares in advance, upon furnishing…

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Appeal from Marshall Circuit Cowt, The plaintiff is a corporation, organized in March, 1870, under the general incorporation law, for the expressed object of “assisting the members of the association in the acquisition of freehold property, in the erection of buildings, and otherwise improving the same, and in the removal of incumbrances or liabilities upon property already held by them, and to enable them to' receive the amount of their shares in advance, upon furnishing good mortgage security, as provided by the by-laws of this association, and to facilitate the accumulation, borrowing and…

1Opinion of the CourtSeevers, J.

The abstract contains all the evidence, but the appellee objects that there cannot be a trial de novo in this court, because no motion was made at any time for a trial on written evidence. This objection is well taken. Vinsant v. Vinsant, 47 Iowa, 594, and numerous other cases.

Error, however, has been assigned, and the finding of facts is, perhaps, sufficiently full and complete to enable us to determine all the questions made by counsel which are of vital importance.

i. usury : building associations: inter-«st upon premiumsThe obligation given by the defendant, and secured by the, mortgage,…

2Cases cited3 opinions

  1. Mills v. Salisbury Building & Loan Ass'nSupreme Court of North Carolina · 1876
  2. Mechanics & Working Men's Mutual Savings Bank v. WilcoxSupreme Court of Connecticut · 1855
  3. Vinsant v. VinsantSupreme Court of Iowa · 1877

3Cited by10 opinions

  1. Iowa Savings & Loan Ass'n v. HeidtSupreme Court of Iowa · 1899
  2. Jackson v. CassidyTexas Supreme Court · 1887
  3. Fidelity Savings Ass'n v. SheaIdaho Supreme Court · 1899
  4. Livingston Loan & Building Ass'n v. DrummondNebraska Supreme Court · 1896
  5. Jaffa v. LopezNew Mexico Supreme Court · 1934

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