Anti-Mortgage Agency File #0742400 Banks Cant Own Property CASE LAW Official source for United States laws is the Statue at Large and the United States Code is only prima facie evidence of such laws. Royer’s Inc. v United States Statue at Large are “Legal evidence” of laws contained therein and are accepted proof of these laws in any court of the United States. Bear v United States (1985 DC Neb) 611 Unless Congress affirmatively enacts title of United States Code into law, title is only prima facie evidence of law. Preston v Heckler (1984 CA9 Alaska) 734 F2d, 1359, 34CCH FPD34433, later proceeding (1984 DC Alaska) 596 F Supp 1158 Where title has not been enacted into positive law, title is only prima facie or rebuttable evidence of law, and if construction is necessary, recourse may be had to original statue National banking corporations are agencies or instruments of the general government, designed to aid in the administration of a important branch of the public service, and are an appropriate constitutional means to that end. Pollard v State, Ala 1880, 65 Ala 628 See, also, Tarrant v. Bessemer Nat Bank 1913, 61 So 47,7 Ala App 285 A national bank cannot lend its credit or become the guarantor of the obligation of another unless it owns or has an interest in the obligation guaranteed especially where it receives no benefits therefrom. Citizens’ Nat Bank of Cameron v Good Roads Gravel Co. Tex Civ App. 1921 236 SW 153 dismissed w.o.j A national bank has no power to guarantee the performance of a contract made for the sole benefit of another. First National Bank v Crespi & Co.Tex Civ App 1920 217 SW 705 National banks have no power to negotiate loans for others. Pollock v Lumberman’s Nat Bank of Portland Or 1917 168 P 616 86 Or 324 A national bank cannot act as a broker in lending its depositors’ money to third persons. Byron v First Nat Bank of Roseburg, Or 195 146 P 516 75 Or 296 A national bank is not authorized to act as a broker in loaning the money of others. Grow v Cockrill, Ark. 1897, 39 S W 60, 63 Ark 418. See, also, Keyser v Hitz Dist of Col 1883 2 Mackey 513 Officers of a national bank in handling its funds are acting in a fiduciary capacity, and cannot make loans and furnish money contrary to law or in such improvident manner as to imperil its funds. First Nat Bank v Humphreys Okla 1917 168 P 410, 66 Okla 186 Representations made by bank president to proposed surety as to borrower’s assets, in connection with proposed loan by bank, held binding on the bank. Young v Goetting, CCA. 5 (Tex) 1926, 16 F 2d 248 Bank is liable for its vice president’s participation in scheme to defraud depositor by facilitating prompt withdrawal of his money. National City Bank v Carter CCA6 (Tenn) 1926 F2d 940 Wheeler v Sohmer, Comptroller of the State of New York Promissory notes are only evidences of debt not debt themselves! 12 USC 3754 59 CJS § 2 Mortgages Definitions “The literal meaning of the word “mortgage” is “dead pledge” a mortuum vadium. The term mortgage may be employed as meaning the debt secured by the mortgage, but in its true sense an ordinary mortgage is not a debt as the debt is the principle obligation, and the mortgage is generally regarded as merely an incident or accessory to the debt. A mortgage is an interest in the land created by a written instrument providing security for the performance of a duty or payment of debt and is usually evidenced by a note. Where did the money come from that they say is owed? How does the bank have a right to say that there’s an obligation? References: Caddy v Cortide NY Testy v Collons Baker v Citizen State Bank of Louis Park US v Stanley Corbin on Contracts (void contracts) Statue of Frauds Contract Cases Nothing can be more material to the obligation than the means of enforcement, without the remedy the contract may indeed, in the sense of law may be said to not exist. And its obligation to fall within the class of those moral and social duties which depend for their fulfillment wholly upon the will of the individual the ideas of validity and remedy are inseparable and both are parts of the obligation which is guaranteed by the Constitution against invasion. The obligation of a contract “is the law which binds the parties to perform their agreement”Red Cross Line v Atlantic Fruit Company 264 US 109 L Ed 582, 44 S. Ct. February 18, 1924 It is essential to the creation of a contract that there be a mutual or reciprocal assent. Sanford v Abrams (1888) 24 Fl 181, So. 373. Ross v Savage (1913) 66 Fl 106, 63 So. 148; Mc Cay v Sever (1929) 98 Fla 710, 24 So. 44; United State Rubber Products, Inc. v Clark (1941) 145 Fla 631, 200 So. 385, Mann v Thompson (1958) Fla. App D1 100 So. 2d 634 That the assent be to a certain and definite proposition. Fincher v Belk-Sawyer Co.(1961) Fla App D3 127 So. 2d 130. Goff v Indian Lake Estates, Inv. (1965 Fla. App D2) 178 So.2d 910, Hewitt v Price (1969, Fla App D3) 222 So. 2d 247 Without a meeting of the minds of the parties on an essential element, there can be no enforceable contract Hettenbaugh v Keyes Ozon – Fincher Ins. Inc. 1962 Fla App D3) 147 So. 2d 328, Goff v Indian Lake Estates, Inc. (1965 Fla App D2) 178 So. 2d 910 What are the elements? What is it? What does it do? How does it perform? What’s going to happen later? Can it be used later? Was that fully disclosed? Each and every element there has to be a meeting of the minds! UCC In order to form a contract, the parties must have a distinct understanding, common to both, and without doubt or difference. Unless all understand alike, there can be no assent, and therefore no contract. Webster Lumber Co v Lincoln (1927) 94 Fla1097, 115 So. 498, Minsky’s Follies of Florida, Inc. v Sennes (1953 206 F2d 1 O’neil Corporate Trustees, Inc. (1967) 376 F2d 818. Until the terms of the agreement have received the assent of both parties, the negotiation is open and imposes no obligation on either. Goff v Indian lake Estates Inc. (1965 Fla App D2) 178 So. 2d 910. Car v Duvall (1840) 39 US 77, 10 L. Ed 361 The assent of each party must be freely given; a contract entered into as a result of the exercise of duress or undue influence by the other party, or procured by the fraud of one of the parties, lacks the essential element of real assent and maybe avoided by the injured party. Wall v Bureau of Lathing and Plastering (1960 Fla App D3) 117 So. 2d 767. An actual assent by the parties upon exactly the same matters is indispensable to the formation of the contract. Bullock v Hardwick (1947) 158 Fla 834, 30 So. 2d 539: Hettenbaugh v. Keyes Ozon-Fincher Ins. Inc. 1962 Fla App D3) 147 So 2d 328 General Finance Corp v Stratton 1963 Fla App D1, 156 So 2d 884 Title 12 Chap 17§1841 and §1813 CFR 6000 FDIC-Bank Holding Company Act 12 CFR 25,12 BANKS AND BANKING, Sec. 25.12 Definitions 12 USC Chap 3 Subchap 1 Sec. 222; 1811 and 501a; 21 Title 62 Revised Statues
Posted on: Thu, 06 Nov 2014 20:31:10 +0000
Trending Topics
© 2015