Brand new judgment observed through to the latest court’s preserving good demurrer submitted by the your house Owners’ Mortgage Enterprise on the revised petition
G. E. Rates, from Lincoln, Neb. (J. Elizabeth. Porter, out-of Crawford, Neb., and you can Edwin Cassem, *140 off Omaha, Neb., towards short term), to possess appellant.
George Meters. Adams appeals of a final wisdom and that disregarded an action brought of the him up against the Home Owners’ Financing Firm getting damage for malicious prosecution.
S.C.A. 1461-1468, registered and you may led the new Federal Mortgage Financial Board to help make a corporation “becoming referred to as Domestic Owners’ Mortgage Company, hence is going to be an enthusiastic instrumentality of one’s All of us, and therefore shall provides power so you’re able to sue also Northford loans to getting sued from inside the people judge of skilled jurisdiction, Federal otherwise Condition, and you will and this are under the assistance of one’s Panel and you may manage by it lower than particularly bylaws, rules, and you may guidelines as it can recommend towards the fulfillment of the aim and you can intention associated with part.” twelve U.S. C.An excellent. 1463. The Act considering the new methods off providers and also the attributes of this company and prescribed criminal penalties against people which perpetrates specific scams resistant to the Firm or from the Board. a dozen You.S.C.A great. 1467. Doing the brand new enforcement of violent punishment new Board accompanied and you can promulgated Point 17, Ch. VI. “Guide out-of Rules”, the following:
“Charges otherwise Criminal Matters Inside the compound the house Owners’ Loan Operate imposes punishment (a) on the and then make of any not the case declaration and/or more than-valuing of every safety with regards to affecting the action of your Organization to your that loan. * * * Brand new Courtroom Agencies within the Washington covers all the criminal issues within the collaboration into Service of Justice. Any person which have need to believe that there could have been a great admission from legislation impacting the house Owners’ Financing Agency would be to send all the info with all of readily available support studies right to the house Owners’ Financing Corporation, Criminal Section, Court Department, Arizona, D. C.”
Our home Owners’ Loan Act from 1933, twelve You
The latest plaintiff’s match once the to start with registered from inside the July, 1938, are up against the Household Owners’ Loan Business and you can specific someone told you to get officers of one’s Firm. He’s got since the started ignored from the circumstances. In the petition, once the revised, it had been so-called your Organization maliciously and you will instead likely lead to acquired the newest plaintiff become indicted by federal grand jury on Main Office of Southern area Area out of California and this new indictment are put down regarding pleading. They accused this new plaintiff from inside the around three matters out-of conspiring to commit and you will committing criminal activities denounced of the Domestic Owners’ Mortgage Act, Sec. 8(a), several U. S.C.A beneficial. 1467(a), into the procuring, making preparations and leading to becoming submitted false “Affidavits from Qualification” meant for financing removed and you will authorized by the Act to get from our home Owners’ Loan Company. Plaintiff alleged your accusations on the indictment was basically incorrect and you will that the accused maliciously caused the indictment that can be found abreast of deceptive facts and you can abreast of untrue testimony off witnesses, brand new accused well-knowing the newest testimony become not the case and versus probable end in to trust brand new plaintiff accountable for the told you criminal activities. It was further so-called one defendant got procured brand new plaintiff to getting taken to demo through to the latest indictment and therefore the demo had resulted in acquittal.
Our home Owners’ Mortgage Organization demurred into the amended petition for the about three foundation, each one of which have been supported by the brand new demonstration legal. Because of your findings on notice, we have to talk about only the floor that the petition performed perhaps not county circumstances sufficient to compensate a cause of action facing the fresh defendant Family Owners’ Mortgage Firm.
