Legal Opinion

Irving v. Iron Belt Building & Loan Ass'n

West Virginia Supreme Court

Decided January 21, 1908Published

Appeal from Circuit Court, Kanawha County. Bill by A. H. Irving against the Iron Belt Building & Loan Association and others. Decree for plaintiff, and defendant association appeals.

1Opinion of the Court

Miller, Judge:

This is another of the numerous cases, calling for construction of the contracts by foreign building associations with citi*350zens of this state, which have been before us in recent years. The main question in all of them has been whether the character of the contract, providing for a premium above the legal rate of interest, has rendered it usurious as a building association contract. Many of them have been held usurious and enforcible only as simple loans. The last of these cases is Miller v. Banking & Trust Co., decided at the last term, wherein the principal point of…

2Cases cited12 opinions

  1. Allgeyer v. LouisianaSupreme Court of the United States · 1897
  2. Bedford v. Eastern Building and Loan Assn.Supreme Court of the United States · 1901
  3. Harper v. Building Ass'nWest Virginia Supreme Court · 1904
  4. Floyd v. National Loan & Investment Co.West Virginia Supreme Court · 1901
  5. Gray v. Baltimore Building & Loan Ass'nWest Virginia Supreme Court · 1900

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