Cowan v. National Mut. Building & Loan Ass'n
Cowan v. National Mut. Building & Loan Ass'n
Opinion of the Court
delivered the opinion of the court.
On the 23d day of May, 1892, Margaret A. Cowan conveyed a certain house and lot to George J. Peet, trustee, to secure a
As ground for the relief asked, the bill alleges that the complainant was induced to enter into the contract by the following representations made to her by the association, all of which she declares were untrue :
First, that the association was duly incorporated under the laws of New York.
Second, that it was authorized, under the laws of New York, to take subscriptions to its stock, and grant or make loans of its funds to its members.
Third, that complainant could lawfully become a stockholder in the association and become a borrower of its funds.
Fourth, that it was authorized to do business in this state under and by virtue of having complied with the laws thereof.
Fifth, that the rate of interest on her loan should not exceed 6 per centum per annum.
Sixth, that it had an authorized capital of $50,000,000.
As a further ground in support of her prayer that the contract should be canceled, complainant alleges that, being a married woman, ‘ ‘the association knew that she could neither
The complainant has not adduced a word of evidence in support of an allegation of the bill, except in respect to the rate of interest charged, but has contented herself with technical objections to the proof offered by the company in support of its legal organization and right to do the business of a building and loan association under the laws of the state of New York, and its lawful right to do business in the state of Virginia. These objections were all overruled by the lower court, and the cause referred to a commissioner, to ascertain the true amount due from complainant under her contract:
Upon the filing of this report but two exceptions were taken thereto on behalf of complainant, viz. :
Hirst, because it is not supported by, but is contrary to, the evidence and the law.
Second, because the commissioner has charged complainant with $145 of premium from July, 1894, to December 1, 1896, during which time she had no stock, and could receive no benefit from said premium payments.
The first exception is addressed to no specified error in the report, and was too vague and indefinite to be considered.
The second exception was also properly overruled. The appellee association was organized under and by virtue of the statute law of the state of New York, which expressly authorizes the association to make all the charges of interest, pre
It does not appear that the association has ever declared appellant’s stock forfeited, but she had voluntarily ceased to pay, and has sought to be relieved from her contract, and in ascertaining the amount due from her she has been credited by the withdrawal value of her stock.
There is no error in the decree appealed from, and it is affirmed.
Riely, J., absent.
Reference
- Status
- Published