Show BUlLmNG AND LOANS r s Important Ruling Regarding B r rowers and Stockholders i CASE OF BERTHA G LAW TAKEN mOM HER MOTEER AND GIVEN TO MIlS CATTAA1 I j y I Jrs A M Tones Chargeigamy cseph 13 Kerr Obtains a > ivoree Auer1ach Estate and Other probate pro-bate Matters Sunreme Court OpinionDistrict Court Orders 1 In the four cases of Thomas F Howells Brig W Ashton Mary T llClldly et al and John H Thite vs he Pacific Savings Loan Building cmllunr Judge Hues yesterday overruled over-ruled the demurrers and allowed th defendant 20 days to answer The delnl1rrers were argued at consider alI length OIessrs Pierce Critchlow Barrette epresentlng the plaintiffs I und Mr 1l L Ritchie appearing for I the defendant company The points I S Involved are of considerable Importance to those who hold building and lOan L stoel The facts In the four cases are slml 11 so that a statement of one will suf Ie for all Thc > mas F Howells bor uwed 100 from the defendant com any and tool stocl in the company t the amount when fully paid up of tCO The company made Howells ie it as a premium half of his stock and also made him sign over to it the other half as security for the loan to tt1her with a mortgage on certain real tStte and required him to pay Od dues per month on each share of stock until the stock mature Or in other w01l1s the company required him to PY hack 3000 when the amount he I borrowed was only 1500 How lls then instituted the present suit for the cancellation of the mort gage and to get back the amount he had Jald in excessof the amount he J borrowed yr The defendant demurred to the com plaint claiming that the plaintiff had no right In the llremises Jmtil his stock had fully matured but Judge lilies oVerrule1 the demurrer Tw shullar cases that of Sawtelle VS the Peoples Building Loan asso elation and Fowble vs another building build-ing and loan asoclatlon were before the state supreme court not long ago and that tribunal held that a contract requiring a person to pay back double the amount he borrowed besides interest in-terest was unconscionable and voId and that when the born werpa the amount of his loan the mortgage is canceled I |