Economy Building & Loan Co. v. Philen

Citations

• 33 Ohio C.C. Dec. 133
• 18 Ohio C.C. (n.s.) 419
• 1910 Ohio Misc. LEXIS 379

Syllabus

<p>BUILDING AND LOAN ASSOCIATIONS</p> <p>Building and Loan Association when Corporate Capacity and Power Denied Must Make Proof.</p> <p>When a building and loan association sues to foreclose a mortgage and for the collection of usurious interest on the debt thereby secured, to which it claims a right under special provisions of the statutes, and its corporate capacity is denied in the answer, ■ it must prove that it is a corporation possessing the powers it claims, and upon its failure to make such proof judgment as to excess interest claimed should be directed against it.</p>