New judgment followed on this new court’s retaining an effective demurrer filed by the home Owners’ Loan Business for the amended petition
G. E. Price, of Lincoln, Neb. (J. Elizabeth. Porter, regarding Crawford, Neb., and Edwin Cassem, *140 regarding Omaha, Neb., toward short-term), having appellant.
George Meters. Adams appeals of a final judgment and therefore overlooked an action produced of the him from the Household Owners’ Financing Agency getting damages for malicious prosecution.
S.C.Good. 1461-1468, subscribed and you will brought the Federal Mortgage Lender Board in order to make a firm “to-be known as the Household Owners’ Financing Organization, and this will likely be an enthusiastic instrumentality of the You, and therefore will enjoys expert in order to sue and to become charged into the people legal off competent jurisdiction, Government otherwise County, and you may which should be according to the direction of your Board and operated by using it lower than for example bylaws, regulations, and guidelines as it can recommend on accomplishment of purposes and you can intent from the section.” 12 You.S. C.Good. 1463. The fresh Operate offered brand new steps of organization together with characteristics out-of the corporation and you will recommended unlawful charges against anybody whom perpetrates specific scams resistant to the Enterprise or contrary to the Panel. twelve U.S.C.Good. 1467. To complete the newest administration of criminal punishment the latest Panel observed and you will promulgated Section 17, Ch. VI. “Instructions away from Regulations and rules”, as follows:
“Punishment or Violent Issues Inside material the home Owners’ Mortgage Operate imposes penalties (a) toward and work out of any untrue statement or even the more than-respecting of every loans Woodmont coverage with regards to influencing the experience of your Corporation to the that loan. * * * The newest Legal Agency inside Arizona covers most of the violent matters when you look at the collaboration toward Company regarding Fairness. Anyone having need to trust that there could have been a ticket regarding legislation affecting the house Owners’ Financing Firm is give everything with offered support analysis to your house Owners’ Loan Organization, Violent Section, Legal Service, Washington, D. C.”
Your house Owners’ Financing Operate of 1933, several You
This new plaintiff’s match once the to begin with registered into the July, 1938, is actually resistant to the Household Owners’ Loan Enterprise and you can particular anyone said become officials of your own Corporation. He’s got because the become ignored in the case. On petition, as revised, it absolutely was alleged that the Company maliciously and you may instead of possible end up in procured the new plaintiff becoming indicted of the federal huge jury on the Central Department of Southern District from California and you can the brand new indictment is actually put down regarding pleading. It accused new plaintiff during the about three counts off conspiring so you can to go and committing crimes denounced from the Household Owners’ Mortgage Act, Sec. 8(a), a dozen U. S.C.A. 1467(a), inside the procuring, getting ready and you will causing is filed not the case “Affidavits out of Qualifications” meant for financing applied for and authorized by the Act are from your house Owners’ Mortgage Organization. Plaintiff so-called your accusations on indictment was indeed incorrect and you may the defendant maliciously caused the indictment found up on fake facts and you can abreast of not true testimony regarding witnesses, this new defendant well knowing brand new testimony getting not the case and you may instead probable trigger to believe the fresh new plaintiff responsible for the said criminal activities. It was then so-called one defendant had acquired the plaintiff in order to be brought to demonstration up on the newest indictment hence brand new demonstration got contributed to acquittal.
The house Owners’ Mortgage Business demurred into the amended petition on around three foundation, every one of that have been sustained by brand new trial courtroom. Because of our own results to the focus, we have to speak about precisely the crushed that the petition did not condition points adequate to comprise a cause of action against the latest offender Family Owners’ Financing Corporation.
