St. James Building & Loan Ass'n v. Kelly
St. James Building & Loan Ass'n v. Kelly
Opinion of the Court
Opinion by
The defendant, a member of the plaintiff association, borrowed from it $900,-giving a second mortgage upon four
The detailed statement upon which judgment was entered was as follows:
To loan — 4|- shares, series 47, being the amount of the mortgage debt, .... $900.00
“ 23 months’ dues at $4.50 per month . . 103.50
“ 234- months’ interest at $4.50 105.75
“ fines....... 4.24
Total $1,113.49
Cr.
By dues 81 months at $4.50 per month $364.50 “ interest $10.98 per share — 4|- shares ' 49.41 413.91
Balance ........ $699.58
Add attfirney’s commission for collection, at 10^5 69.96
Damages to be assessed.....$769.54
Judgment entered accordingly.
The defendant claims that the charge of twenty-three months’ dues should not be made ; but, inasmuch as he gets credit for them on the other side of the account, the charge is entirely correct, unless there should be a like deduction from the credits or he should be credited with additional payments thereon. In other respects the statement, he practically admits, is correct.
There is some difference as to payments. The defendant
After reading the whole of the testimony and analyzing the accounts, we cannot convict the court of abuse of judicial discretion in refusing to open the judgment.
The question is one entirely of fact which seems to have been carefully considered by the court and, although no opinion is filed, it is not difficult to see, in a careful consideration of the testimony, the grounds upon which the court based its ruling. The order discharging the rule to show cause why the judgment should not be opened is, therefore, affirmed, and the appeal dismissed, at the costs of the appellant.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.