Royal Loan Ass'n v. Forter
Citations
- 68 Kan. 468
- 75 P. 484
- 1904 Kan. LEXIS 129
Syllabus
<p>SYLLABUS BY THE COURT.</p> <p>1. Building and Loan Association — Transaction Held Simply a Loan. The facts in this case, such as the absence of competitive bidding for the loan, a level rate of interest, and premiums payable in gross instalments, and circumstances indicating that the borrower did not become a member of the building and loan association, sufficiently show that the transaction was not a building and loan association contract on which more than the ■ legal rate of interest can be collected, but was simply a loan which is subject to the usury laws.</p> <p>2. --• Kansas Contract — KansasUsury Laws Govern. Although the loan was made by an association organized in Mis- ' souri, the negotiations were had with an agent in Kansas; the bond and mortgage were executed in Kansas by residents of the state; the mortgage was on land in Kansas; the money borrowed was paid back to.the agent in Kansas; and the recitals in the mortgage, as well as the actions of the parties, indicated that the parties treated the transaction as a Kansas contract, to be interpreted in accordance with the laws of Kansas. Therefore, it was governed by the usury laws of Kansas.</p>
Judges: Johnston
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3 cases in this archive cite this case.
Cites
10 cases in this archive are cited by this case.
- Meroney v. Atlanta Building & Loan Ass'nSupreme Court of North Carolina· 1895-02-05· cited 44×
- Fidelity Savings Ass'n v. SheaIdaho Supreme Court· 1899-01-11· cited 24×
- Rhodes v. Missouri Savings & Loan Co.Illinois Supreme Court· 1898-06-18· cited 15×
- Sawyer v. Menominee Loan & Building Ass'nMichigan Supreme Court· 1894-12-22· cited 11×
- National Mutual Building & Loan Ass'n v. BurchMichigan Supreme Court· 1900-05-15· cited 9×
- Mutual Home & Savings Ass'n v. WorzSupreme Court of Kansas· 1903-07-10· cited 8×
- McKenney v. Diamond State Loan Ass'nSuperior Court of Delaware· 1889-12-18· cited 7×
- United States Savings & Loan Co. v. ScottCourt of Appeals of Kentucky· 1896-02-15· cited 7×
- People's Building, Loan & Savings Ass'n v. KidderCourt of Appeals of Kansas· 1899-10-09· cited 5×
- Peterson v. People's Building, Loan & Saving Ass'nMichigan Supreme Court· 1900-09-13· cited 4×
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