Interstate Savings & Loan Ass'n v. Knapp

Citations

• 20 Wash. 225
• 1898 Wash. LEXIS 508
• 55 P. 48

Syllabus

<p>BUILDING AND LOAN ASSOCIATIONS—LOANS TO MEMBERS-CONTRACTS AGAINST PUBLIC POLICY-FORECLOSURE-PLEADING-ESTOPPELAMENDMENT OF PLEADINGS AFTER REVERSAL.</p> <p>Contracts for loans between a building association and a member cannot be held void as against public policy, when the organization and method of doing business of such corporations is authorized by statutes.</p> <p>In order to render proof admissible showing that, by the terms of the contract entered into by defendant with the agent of a building and loan association, tbe mortgage given to the association had been fully paid prior to suit, such special contract must he set up iu the answer.</p> <p>All the essential facts constituting equitable estoppel must be pleaded.</p> <p>Upon foreclosure of a mortgage given by a member to a building and loan association, the note, mortgage and contract of membership should all he construed together as parts of the same transaction, in order to determine the liability of a borrowing member.</p> <p>Where a cause is reversed and remanded for further proceedings not inconsistent with the decision on appeal, the matter of allowing amendments to the pleadings remains within the discretion of the trial court.</p>