National Mutual Building & Loan Ass'n v. Farnham
National Mutual Building & Loan Ass'n v. Farnham
Opinion of the Court
delivered the opinion of the court.
This case is controlled by the opinion in the case of this same association against Brahan (80 Miss., 407, 31 South., 840). In addition to the reasons therein set forth, however, there is another ground upon which this case and that one can both be rested. In the tenth paragraph of the certificate of stock— the same here as in the Brahan case, the certificate in both cases being those of this same association — it is expressly provided that £i all payments due by reason of this contract must be paid at the principal office, unless the stockholder received official notice in writing from the association designating a depository or collection agent to whom to make payments.” Now, the stock certificate is the basis of the contract, and, together with the bond or note and the mortgage, constitute the contract between appellant and appellee. The association did fix a new place of payment — Meridian, Miss., did establish there its local board, with a full corps of officers; did constitute one of these officers the secretary and treasurer of the local board its agent to receive payments at Meridian, however Gibson may try to escape from the plain facts; and that official did have official notice in writing or print that he could receive payments at Meridian in the form of a register containing the names of all stockholders, including borrowers, with the sev
Affirmed.
Reference
- Full Case Name
- National Mutual Building & Loan Association of New York v. George R. Farnham
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Interest and Usury. Foreign corporation. Conflict of laws. Where a foreign building association has no general agency in this state, but does business through special agents in various towns in the state, who are authorized to solicit stock subscriptions and receive applications for loans, together with payments of dues, interest and premiums on loans, and the certificates evidencing its contract with a borrowing stockholder provides that payments should be made at its principal office, unless “the stockholder received official notice in writing from the association designating a depository or collection agent to whom to make payments, ” and the association fixes a place of payment in the state, establishing there its local board and constituting the secretary and treasurer thereof, by official notice in writing or print, its agent to receive payments, of which fact the stockholder was necessarily apprised as often as he made his monthly payments, the contract became payable in this state and subject to the laws thereof against usury.