Legal Opinion

Schuyler National Bank v. Bollong

Nebraska Supreme Court

Decided February 18, 1890PublishedCited by 9 opinions

Error to the district court for Colfax county. Tried below before Marshall, J. cited, as to the second assignment: Tiffany v. Nat. Bank, 18 Wall. [U. S.], 409; Barnet v. Banh, 98 U. S., 555 ; U. S. v. Chouteau, 102 Id., 611; Hubbell v. Gale, 3 Yt., 266; Colburn v. Bwett, 1 Mete. [Mass.], 235; U. B. v. Lathrop, 17 Johns., [N. Y.], 4; Teall v. Felton, 1 Comst. [N. Y.], 537 ; Ely v. Feck, 7 Conn., 239; Damson v. Champlin, Id., 244; Mo. Biv. Tel. Co. v. 1st Nat.

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Error to the district court for Colfax county. Tried below before Marshall, J. cited, as to the second assignment: Tiffany v. Nat. Bank, 18 Wall. [U. S.], 409; Barnet v. Banh, 98 U. S., 555 ; U. S. v. Chouteau, 102 Id., 611; Hubbell v. Gale, 3 Yt., 266; Colburn v. Bwett, 1 Mete. [Mass.], 235; U. B. v. Lathrop, 17 Johns., [N. Y.], 4; Teall v. Felton, 1 Comst. [N. Y.], 537 ; Ely v. Feck, 7 Conn., 239; Damson v. Champlin, Id., 244; Mo. Biv. Tel. Co. v. 1st Nat. Bk., 74 111., 217; Francisco v. Gilmore, 1 Bos. & P. [Eng.], 179 ; Woodgate v. Knatchbull, 2 T. R., 154; 1 Bl., Com., 86; 1 Kent, Com.,…

1Opinion of the Court

Cobb, Ch. J.

The- plaintiff in the court below complained of the Schuyler National Bank that on October 3, 1884, he borrowed of the bank $1,200 on his promissory note, due in six months, from which the bank deducted and retained as interest, in advance, for that time, $109.80; that on June 12, 1885, he paid the note in full, and thereby paid -to the bank, which knowingly contracted for and received interest thereon at the rate of 18 per cent per annum, a greater rate than is allowed by the laws of this state, and in violation of section 5198 of the Revised Statutes of the United States, which…

2Cases cited3 opinions

  1. Clarke v. Omaha & Southwestern RailroadNebraska Supreme Court · 1877
  2. Schuyler National Bank v. BollongNebraska Supreme Court · 1888
  3. First National Bank v. OvermanNebraska Supreme Court · 1887

3Cited by9 opinions

  1. Lockway v. Modern Woodmen of AmericaSupreme Court of Minnesota · 1911
  2. Scroggin v. JohnstonNebraska Supreme Court · 1895
  3. Scott v. FrankSupreme Court of Iowa · 1903
  4. Waldner v. Bowden State BankNorth Dakota Supreme Court · 1904
  5. Boerner v. Traders' National BankTexas Supreme Court · 1897

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