Legal Opinion

Citizens' National Bank v. Donnell

Supreme Court of Missouri

Decided March 4, 1903PublishedCited by 22 opinions

Appeal from Jackson Circuit Court. — Ho». E. P. Gates, Judge. (1) A national bank is not allowed to “take, receive, reserve.or charge” a rate of interest greater than is allowed by the laws of the State where it is located, and in determining the rate of interest it is necessary to look to the laws of the State of Missouri.

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Appeal from Jackson Circuit Court. — Ho». E. P. Gates, Judge. (1) A national bank is not allowed to “take, receive, reserve.or charge” a rate of interest greater than is allowed by the laws of the State where it is located, and in determining the rate of interest it is necessary to look to the laws of the State of Missouri. R. S. U. S. sec. 5197; Bank v. Haseltine, 155 Mo. 65; s. c., 183 U. S. 132. (2) Under the laws of Missouri the plaintiff was not allowed to compound the interest on the Mason note of tener than once a year, and by doing so from December 29, 1893, to July 12, 1895, it was…

1Opinion of the CourtBurgess, J.

After the issues in this case were made up, the court in pursuance of an agreement between the parties, did on January 3.5, 1898, make an order referring the cause and all issues therein to R. E. Ball, Esq., an attorney of the Kansas City bar, as referee, to hear and decide all the issues therein, who, in pursuance of said order, heard the evidence, made a finding of facts, and recommended judgment according to that finding.

He found the facts to be as follows:.

“This action is on a promissory note for twenty thousand dollars given by the defendant to the plaintiff, dated April 29, 1896,…

2Cases cited13 opinions

  1. Brown v. Marion National BankSupreme Court of the United States · 1898
  2. McBroom v. Scottish Mortgage & Land Investment Co.Supreme Court of the United States · 1894
  3. Haseltine v. Central Bank of SpringfieldSupreme Court of the United States · 1901
  4. Utley v. HillSupreme Court of Missouri · 1900
  5. National Bank v. . LewisNew York Court of Appeals · 1878

8 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Johnson v. GraysonSupreme Court of Missouri · 1910
  2. Dies v. Bank of Commerce of SapulpaSupreme Court of Oklahoma · 1924
  3. Citizens' State Bank of Ft. Gibson v. StrahanSupreme Court of Oklahoma · 1917
  4. Munn v. Mid-Continent Motor Securities Co.Supreme Court of Oklahoma · 1924
  5. Snoqualmi Realty Co. v. MoynihanSupreme Court of Missouri · 1904

17 more not listed; retrieve them via the Exa API.

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