Brashear
Brashear v. Intermountain Building & Loan Ass'n
Opinion
lead Opinion
Yankwich, J.
This cause came on to be heard upon, the issues raised by the bill of complaint and the supplement to the bill of complaint and the answer thereto, and upom two stipulations as to facts, — one relating-to facts in general and thé other relating to facts as to California deposits, — both *657 filed in this court on December 1, 1937. Evidence, oral and documentary, was introduced in addition to the stipulations and the cause was submitted to the court for decision. And the court having considered the evidence and the law and the arguments and briefs of counsel, now finds in favor of the defendant and orders a -decree ordering and decreeing that plaintiffs take nothing by their bill against the defendants.
The court states the following as its general grounds for decision:
(1) The provisions of the California Building & Loan Association Act, St.Cal.1931, p. 531, § 12.04, as to guaranties to be deposited by foreign building and loan associations doing business in the state either as a condition for doing business in the state or as a condition for the continuance of the doing of business, are valid and constitutional.
(2) Under the act, the original guaranty deposited in 1927 by…