Adams v. Home OWNERS’LOAN Business, 107 F.2d 139 (8th Cir. 1939)

The brand new view accompanied abreast of the court’s sustaining an excellent demurrer submitted because of the our home Owners’ Financing Agency into revised petition

Grams. Age. Rates, off Lincoln, Neb. (J. Elizabeth. Porter, regarding Crawford, Neb., and you will Edwin Cassem, *140 regarding Omaha, Neb., with the temporary), to own appellant.

George Meters. Adams is attractive away from a last wisdom hence ignored an action introduced by him against the House Owners’ Financing Agency having problems to own harmful prosecution.

S.C.A great. 1461-1468, authorized and you will brought the fresh Government Home loan Lender Panel to help make an enterprise “getting referred to as Family Owners’ Financing Enterprise, and this will be an enthusiastic instrumentality of the You, and therefore will have power so you can sue and getting charged into the people legal from skilled jurisdiction, Federal otherwise State, and you can and this is going to be beneath the direction of your Panel and you will work by it significantly less than such bylaws, regulations, and you may legislation as it may recommend with the accomplishment of your purposes and you can intention in the point.” a dozen U.S. C.A beneficial. 1463. The brand new Operate considering new actions from company additionally the functions of the corporation and you will given unlawful charges against individuals just who perpetrates specific scams contrary to the Corporation otherwise up against the Board. twelve U.S.C.An effective. 1467. Accomplish the newest administration of one’s unlawful punishment the newest Panel accompanied and you can promulgated Point 17, Ch. VI. “Manual off Rules”, below:

“Penalties or Unlawful Matters During the material our home Owners’ Loan Act imposes charges (a) on the while making of any not the case statement and/or more than-valuing of any cover for the purpose of influencing the action of your own Company for the a loan. * * * The brand new Judge Department when you look at the Arizona protects all of the unlawful issues during the cooperation towards the Service out-of Fairness. Any person which have cause to believe that there could have been a admission away from legislation impacting your house Owners’ Financing Business is to pass the information with available help analysis directly to our home Owners’ Mortgage Enterprise, Violent Part, Legal Company, Washington, D. C.”

Our home Owners’ Financing Act out of 1933, 12 You

The fresh plaintiff’s suit once the to start with registered inside July, 1938, is contrary to the Family Owners’ Loan Company and you will specific anybody said is officers of your Company. He’s got because started overlooked regarding the situation. On petition, as the amended, it absolutely was alleged that Enterprise maliciously and you may instead likely bring about procured the newest plaintiff as indicted because of the government huge jury from the Main Section of one’s Southern Section off California and you may the indictment are set-out from the pleading. They accused the fresh new plaintiff inside the three counts out-of conspiring so you’re able to going and you may committing criminal activities denounced by Domestic Owners’ Loan Act, Sec. 8(a), a dozen You. S.C.A beneficial. 1467(a), within the procuring, making preparations and causing is filed not the case “Affidavits from Eligibility” meant for fund taken out and you may approved by the Operate to be from the home Owners’ Financing Corporation. Plaintiff so-called your accusations on indictment was in fact not true and that offender maliciously caused the indictment available up on deceptive research and you will up on incorrect testimony from witnesses, the fresh defendant well-knowing new testimony to-be incorrect and you may instead possible cause to trust the plaintiff guilty bad credit personal loans Connecticut of some of the told you criminal activities. It absolutely was next so-called you to defendant got procured new plaintiff to help you become brought to demo on the indictment and therefore the demonstration got resulted in acquittal.

Your house Owners’ Loan Firm demurred towards the amended petition on the around three foundation, all of that happen to be sustained by the latest trial legal. Because in our findings toward attention, we must explore only the ground the petition did perhaps not state circumstances adequate to comprise a cause of step facing the latest defendant Domestic Owners’ Loan Business.