The Montgomery advertiser., 1902-06-27

claimant applied for the loan there was more than one applicant to borrow the funds of the association, and the respon
 lent failed to put the loan up for the highest bidder as required by law and the bylaws of the association, and that for this reason complainant was only a
 borrower. the sum a simple loan, ana
 that he Is entitled to credit on the sum
 advanced for the amount paid for pre-
 miun,s and dues, such paragraph Is sub
 1ect to demurrer cn the grounds that 1t
 does not appear that the loan was not in
 accordance with the bylaws of the asso- eiation, that the bylaws are not even
 shown in substance, and that 1t does not
 appear that complainant was injured by
 the failure to put the funds up for the
 highest bidder.
 2. Same; same; same.--In sush a suit.
 where q paragraph of the bill alleges that complainant Is only liable on an ac. counting to $ per cent interest that being the amount contracted for in the bond executed by him to the association. and
 the rate fixed by the bylaws. but on contract attached to tho bill as an ex
 hihit showed that complainant contracted
 to dc mere than was. alleged, such par
 asraph Is subject to demurrer on the
 grounds that ths allegations arc incor-
 sistent with the terms If the contract eX
 ihited with the original bill. sand are
 conclusions of the pleader.
 3. Sama: same; same-In such suit where paragraph of tho bill alleges
 that the defendant falsely represented
 that the stock for which complainant
 subscribed would mature in not more
 than six years. and that by making
 monthly raymt nts of dues premiums
 and interest for six years the stock
 would mature and the loan would be CT neeiied, that complainant relied upon these false and fraudulent representa- tens. and was thereby induced to exc. cute the bond and mortgage, and that though he has paid the dues. premiums and interest for six years, his stock has not matured, nor has his loan been can celled, such paragraph Is subject to a demurrer on the grounds that the al- leged false representations were the mere expression of opinion on matter | equally open to observation and inquiry by both parties. and that 1t is not al- legged that these representations were not made on the past experience of the defendant. or were made by defendants 2 agent. who knew they were false, with | the intention to deceive complainant and they had that effect
 l. Same: same.-In such q suit. whero a paragraph of the complaint alleges that the contract for the payment of pren'i unas is usurious because 1t requires sth } payment of a certain sum per month as premium. in addition to the per cent per
 ar rum stipulated to be paid on the loan,
 such paragraph is subject to demurrer on tile grounds that 1t is not shown how
 any usiry exists as to the loan made to complainant and that the amount of the
 usury is not alleged. 8 5. Same; same.-In such suit, par agraph of the bill setting up that the statute allowing building and loan asso- citations to charge more than per cent
 per annum on loans. is unconstitutional,
 is inapplicable. where the statute under
 which the loan was made does not an- tEcrize such association to charge more l than per cent interest, and the con- l tract provides for the payment of one 5
 per cent, and such paragraph is subject to demurrer upon the ground that the
 averments of the complaint fail to show us.ury, and that the amount of the usury
 is not alleged.
 6. Equity practice; when granting mo-
 ton error without injury.--Where demur-
 rers to an amended bill arc respectively 1 sustained, and after this the court grants 1 a motion to strike the amended bill from | the file. the granting of the motion Is error without Injury.
 Affirmed.
 Oninion by Haralson, J, [