{
  "id": 5083737,
  "name": "Pioneer Savings and Loan Company v. Benjamin B. Miller et al.",
  "name_abbreviation": "Pioneer Savings & Loan Co. v. Miller",
  "decision_date": "1895-03-23",
  "docket_number": "",
  "first_page": "211",
  "last_page": "212",
  "citations": [
    {
      "type": "official",
      "cite": "58 Ill. App. 211"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 209,
    "char_count": 2611,
    "ocr_confidence": 0.498,
    "sha256": "ddfea21d1abedaf5fff308ee7ef83566cc2db313907385de77dc4cbeeb876fa3",
    "simhash": "1:d4c7a8cb94fe0284",
    "word_count": 430
  },
  "last_updated": "2023-07-14T20:52:30.003237+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Pioneer Savings and Loan Company v. Benjamin B. Miller et al."
    ],
    "opinions": [
      {
        "text": "Hr. Justice Sample\ndelivered the opinion oe the Court.\nThis case involves the same questions as those decided in ,, case of same appellant against Brockett. The same arguments are submitted, as stated by appellee\u2019s counsel, \u201c the only contention in the case being as to the power of the officers at Hinneapolis to make assessments without any reason being shown or existing therefor.\u201d It is admitted by appellee that he did not pay assessments made to mature the stock within the five years.\nThe by-laws, which are expressly made a part of the contract or certificate of stock, expressly give the power to make sufficient assessments so that the stock included in such classification will mature within the time limited. This was essential to protect the association against loss, which the by-laws gave the officers power to do. How otherwise could the association be exp\u00e9cted to pay the full face value of the stock at the expiration of five years, except by maturing the stock in the way of assessments ? The shareholders doubtless did not know that such power existed; yet the proposition on the face of the certificate\u2014not considering the terms, conditions and by-laws\u2014was so unreasonable, as a moment\u2019s reflection would have disclosed, that the holders should have been put on their guard and looked further into the hidden powers contained in the terms, conditions and by-laws, subject to which the certificates were expressly issued. There is no claim made of fraud practiced upon these shareholders, and in' view of the plain provisions printed on the certificates, we do not well see how there could be. The decree on the original bill is set aside, with directions to dismiss the bill, and the decree on the cross-bill is reversed and the cause remanded.",
        "type": "majority",
        "author": "Hr. Justice Sample"
      }
    ],
    "attorneys": [
      ". Calhoun, Steely & Jones, attorneys for appellant; George D. Emery, of counsel.",
      "Organ & Organ and M. H. Mundy, attorneys for appellees,"
    ],
    "corrections": "",
    "head_matter": "Pioneer Savings and Loan Company v. Benjamin B. Miller et al.\n1. Savings and Loan Associations\u2014Power of Making Assessments. \u2014When the by-laws of an association are expressly made a part of the contract or certificate of stock, and expressly give the association power to make sufficient assessments, so that stock will mature within a fixed time, the stockholder can not question the action of the association in making such assessments, where no fraud is practiced upon him.\nForeclosure Proceedings.\u2014Appeal from a decree of the Circuit Court of White County; the Hon. Edmund D. Youngblood, Judge, presiding. Heard in this court at the August term, 1894.\nReversed and remanded.\nOpinion filed March 23, 1895.\n. Calhoun, Steely & Jones, attorneys for appellant; George D. Emery, of counsel.\nOrgan & Organ and M. H. Mundy, attorneys for appellees,"
  },
  "file_name": "0211-01",
  "first_page_order": 207,
  "last_page_order": 208
}