Sellers v. Mutual Home & Savings Ass'n
This text of 58 N.E. 1096 (Sellers v. Mutual Home & Savings Ass'n) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
— Appellants brought this suit to compel the release of a building and loan mortgage. A demurrer was sustained to the complaint, and that ruling is assigned as error. The premium was a fixed rate. It is claimed that the contract is usurious. If it is usurious, the complaint shows sufficient payments to discharge the implied obligation to repay the money received of the association with six per cent, simple interest. If the contract is not usurious, it has not been satisfied. On similar facts, the questions here involved were decided adversely to appellants in International, etc., Ass’n v. Wall, 153 Ind. 554; and on the authority of that case the judgment is affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
58 N.E. 1096, 155 Ind. 704, 1900 Ind. LEXIS 193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sellers-v-mutual-home-savings-assn-ind-1900.