National Building & Loan Ass'n v. Wilson
National Building & Loan Ass'n v. Wilson
Opinion of the Court
delivered the opinion of the court.
This case is controlled by the opinion recently delivered in the case of Chas. R. Shannon v. Georgia State B. & L.Ass’n., ante, 955. The only difference between the cases necessary to note is, that in that case the building and loan association had localized its business in this state through local boards; whereas, in this case, the appellant localized its business within this state through agents. In all other respects the cases are substan
But the legislature of this state (laws 1890, p. 10) recognize and enforce the doctrine we herein announce, declaring that the law must be the same in the case of local agents stationed throughout the state, authorized to receive and receipt for all payments, as in the case of local boards scattered throughout the state. In both of these cases the foreign corporation was required to pay the license tax in order to do business as a building and loan association by said act of 1890. It provided: ‘ ‘ Each building and loan association incorporated by any foreign country or other state of the union, or whose principal office and domicile are not within this state, which shall establish agencies or branches within the state, shall be liable to a separate tax on each branch office or agency, and each of said agencies or places of doing business or collecting dues shall be considered, for the purpose of taxation, as a separate and distinct building and loan association, and shall pay the tax required of building and loan associations by the act to which this is an amendment. ’ ’
This provision expressly placed £ £ each branch office ’ ’ on the same footing exactly with ‘ ‘ each agency, ’ ’ and each was expressly required to be dealt with as a “ separate and distinct building and loan association. ’ ’
Affirmed.
Reference
- Full Case Name
- National Building and Loan Association of New York v. John M. Wilson, Administrator
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. Usury. Building and loan associations. The contract of a nonresident building and loan association stipulating for 6 per centum per annum, as interest, and 6 per centum per annum as a fixed premium, payable in monthly installments, is usurious. Soholoshi v. Association, 77 Miss., 155 ; CroftonY. Association, lb., 166. 3. Samis. Foreign association. Localization. Agent. When a nonresident building and loan association carries on its business in this state, through local agents, instead of local boards, but does so in all other respects, substantially in the manner considered in Shannon y. Association, ante p. 955, its loans made in this state and secured by deeds of trust on land in this state, are subject to the usury laws of this state, although the contracts contain a stipulation that the loans shall be payable in the state of its domicile. 3. Same. Branch. Agency. Privilege tax. Laws 1890, p. 10. As manifested by the act imposing privilege taxes (laws 1890, p. 10), “branches” and “agencies” of foreign building and loan associations are the same in legislative contemplation, and each is required to be treated as a separate and distinct building and loan association.