Central National Bank v. Haseltine
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. By the national banking act, section 5198, Revised Statutes of the United States 1878, which is the law governing the case of national banks, there are two provisions, upon the first of which this case is bottomed, and provides as follows: “The taking, receiving, reserving or charging a rate of interest greater than is allowed by law, when knowingly done, 'shall be deemed a forfeiture of the entire interest which the note,"bill or…
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Transferred from St. Louis Court of Appeals. By the national banking act, section 5198, Revised Statutes of the United States 1878, which is the law governing the case of national banks, there are two provisions, upon the first of which this case is bottomed, and provides as follows: “The taking, receiving, reserving or charging a rate of interest greater than is allowed by law, when knowingly done, 'shall be deemed a forfeiture of the entire interest which the note,"bill or other evidence of debt carries with it, or which has been agreed to be paid thereon.” The Supreme Court of Missouri has…
1Opinion of the Court
MARSHALL J.
This cause was transferred to this court by the St. Louis Court of Appeals on the ground that an authority exercised under the United States is drawn in question, and hence this court has jurisdiction under section, 12, article 6, of the Constitution.
The controversy is this: the plaintiff, a national bank, organized under the laws of the United States, sues the defendants on a promissory note for $2,240. The defendants admit the execution of the note, but claim certain credits and setoffs, arising out of the fact that the note sued on is the consolidation of various smaller notes…
2Cases cited15 opinions
- Barnet v. National BankSupreme Court of the United States · 1879
- Brown v. Marion National BankSupreme Court of the United States · 1898
- Driesbach v. National BankSupreme Court of the United States · 1881
- Stephens v. Monongahela BankSupreme Court of the United States · 1884
- Ringo v. RichardsonSupreme Court of Missouri · 1873
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3Cited by5 opinions
- Planters National Bank of Virginia v. Wysong & Miles Co.Supreme Court of North Carolina · 1919
- First National Bank v. American National BankSupreme Court of Missouri · 1903
- Haseltine v. Central National BankSupreme Court of Missouri · 1900
- Lawler v. VetteMissouri Court of Appeals · 1912
- Mitchell v. Joplin National BankMissouri Court of Appeals · 1914