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· 10/15/1884

Detweiler v. Breckenkamp

Citations

  • 83 Mo. 45

Syllabus

<p>1. Fund Companies : rowers oe : statute. A fund company organized under the General Statutes of I860, chapter 68, section 7, et seq.. is authorized to make loans to its members on real estate security, and also to sell or assign such contracts of loan.</p> <p>2. -: stockholder. The objection that a by-law of such asso ciation is unreasonable and void, which operates to forfeit the stock of a stockholder because of his failure to comply with it, should be made by the stockholder.</p> <p>3. Deed of Trust: tender. Where a deed of trust provides that in case of default for a specified, period in the payment of interest on the debt, then the whole debt shall become due and payable at the option of the creditor, and such default occurs, and the creditor exercises his option to require the whole debt to be paid, a tender thereafter of less than such whole debt will be insufficient.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that “RSA 542:8 allows the superior court to alter an arbitrator’s decision only for ‘plain mistake,’ or to vacate it for ‘fraud, corruption, or misconduct’ ”
  • refusing to grant usual deference to superior court in insurance policy coverage dispute
  • broadened standard of review applied when trial judge decided case on the record
  • less deference given to trial court’s findings derived entirely from submitted documents
  • decision may be against weight of evidence

Source: CourtListener parenthetical corpus (CC0).

Judges: Ewing

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