Adams v. Domestic OWNERS’LOAN Enterprise, 107 F.2d 139 (eighth Cir. 1939)

This new view used upon the new court’s preserving a good demurrer filed by the home Owners’ Financing Agency with the amended petition

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G. E. Rate, out of Lincoln, Neb. (J. E. Porter, of Crawford, Neb., and you can Edwin Cassem, *140 regarding Omaha, Neb., with the short-term), getting appellant.

George Meters. Adams appeals off a final view and this ignored a hobby delivered of the him resistant to the Family Owners’ Loan Organization for damages getting malicious prosecution.

S.C.A great. 1461-1468, registered and you can led the latest Federal Financial Financial Panel to create an enterprise “to-be referred to as Family Owners’ Kodiak loans Financing Enterprise, and that shall be an enthusiastic instrumentality of one’s You, and therefore shall features authority so you’re able to sue and also to getting prosecuted in one court regarding skilled legislation, Government or County, and you can and this can be within the recommendations of the Panel and you can operate from it below like bylaws, regulations, and rules as it can recommend with the fulfillment of your own purposes and you may intention associated with the section.” several You.S. C.An effective. 1463. The brand new Operate offered the new tips from business and the attributes from this business and you may recommended criminal punishment against anybody just who perpetrates specific scams from the Corporation otherwise from the Board. 12 U.S.C.An excellent. 1467. Doing the newest administration of your own unlawful charges brand new Panel then followed and you will promulgated Point 17, Ch. VI. “Manual off Foibles”, as follows:

“Penalties otherwise Criminal Matters Into the substance the house Owners’ Loan Work imposes charges (a) into to make of any false statement or the over-respecting of every safety with regards to impacting the action of your Enterprise on the that loan. * * * The Legal Department from inside the Arizona protects all the unlawful issues from inside the cooperation on the Company of Justice. Continue reading