McCarthy v. First National Bank of Rapid City
South Dakota Supreme Court
Appeal from Circuit Court, Pennington County. Hon, Levi McGee, Judge. Action by Patrick B. McCarthy against the First National Bank of Rapid City, S. D. Judgment for defendant. Plaintiff appeals.
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Appeal from Circuit Court, Pennington County. Hon, Levi McGee, Judge. Action by Patrick B. McCarthy against the First National Bank of Rapid City, S. D. Judgment for defendant. Plaintiff appeals. Under section 5198 of the Revised Statutes of the United States, the limitation of two years within which tlie borrower may sue for double the amount of usurious interest collected and received from him does not commence to run, and, therefore, the cause of action does not accrue, until the lender has actually collected or received more than the original debt. McBroom v. Investment Co., 153 U. S.…
1Opinion of the CourtWhiting, J.
This cause comes before this court upon an appeal from the judgment of the circuit court and from the order of said court denying a new trial. The action was one brought by the plaintiff and appellant, Patrick B. McCarthy, against the defendant and respondent, First National Bank of Rapid City, to recover penalties in the sum of $7,605.48, being twice the amount of usurious interest which plaintiff claims he paid to the defendant, and that defendant received in violation of sections 5197 and 5198 of the United States Revised Statutes (U. S. Comp. St. 1901, p. 3493). For the purpose of this…
2Cases cited38 opinions
- Farmers' & Mechanics' National Bank v. DearingSupreme Court of the United States · 1875
- Barnet v. National BankSupreme Court of the United States · 1879
- Brown v. Marion National BankSupreme Court of the United States · 1898
- McBroom v. Scottish Mortgage & Land Investment Co.Supreme Court of the United States · 1894
- Driesbach v. National BankSupreme Court of the United States · 1881
33 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Miller v. Oklahoma State Bank of AltusSupreme Court of Oklahoma · 1915
- Lindberg v. BurtonNorth Dakota Supreme Court · 1918
- Smith v. G. Cavaglieri Mortgage Co.California Court of Appeal · 1931
- Knott v. JacksonDistrict of Columbia Court of Appeals · 1942
- Cloone v. Minot Building & Loan Ass'nNorth Dakota Supreme Court · 1938
3 more not listed; retrieve them via the Exa API.