108 Iowa 150 | Iowa | 1899
The pleadings and proceedings are largely devoted to the question of whether the loan was made prior to the taking effect of the act of the Twenty-sixth General Assembly (chapter 85). Section 9 of said act, which is the important part of it for the purposes of this case, went into the present Code as section 1898; and, looking to that section alone, the date of the loan in this case might make a material difference as to plaintiff’s right of recovery, and hence the question as to whether the loan was so made as to be tinder its provisions has Been carefully presented. "When this case was tried below, the cases of Association v. Heidt, 107 Iowa, 297, and Same Plaintiff v. Curtis, 107 Iowa, 504, had not been decided in this court, the opinions having been filed at our January term, 1899. The argument of appellant deals with the subjects of an entirety of contract of the agreement for membership in the association and for the loan, of estoppel, of the repeal of prior laws by the act of the Twenty-sixth General Assembly, of the validity of the contract and obligations thereof, and of ratifications. These questions, in view of the facts on which the arguments are based, me set at rest by our holdings in those cases. Whatever might be the doubts, or even the conclusions, from considering alone the act of the Twenty-sixth General Assembly,