Legal Opinion
Anderson v. Hershey
Court of Appeals for the Sixth Circuit
Decided May 7, 1942No. Nos. 9025, 9026PublishedCited by 11 opinions
1Opinion of the Court
ALLEN, Circuit Judge.
This appeal and cross-appeal arise out of a judgment against the receiver of a, national bank for interest retained from the proceeds of his' sale of certain collateral pledged to secure a note to the bank. Recovery was allowed under Title 12, U.S.C. §§ 85 and 86, 12 U.S.C.A. §§ 85, 86. Under § 85, a national banking association may receive and charge, on any loan or discount, interest at the rate allowed by the laws of the state where the bank is located. Section 86 reads as follows:
“The taking, receiving, reserving, or charging a rate of interest greater than is allowed…
2Cases cited12 opinions
- Nash v. TowneSupreme Court of the United States · 1867
- United States v. WeitzelSupreme Court of the United States · 1918
- Myers v. Hurley Motor Co.Supreme Court of the United States · 1927
- McCollum v. Hamilton National BankSupreme Court of the United States · 1938
- Bayne v. United StatesSupreme Court of the United States · 1877
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Federal Savings & Loan Insurance Corp. v. T.F. Stone-Liberty Land Associates, Texas Court of Appeals, 5th District (Dallas)1990
- Professional Asset Management, Inc. v. Penn Square Bank, N.A.District Court, W.D. Oklahoma · 1983
- American Timber & Trading Co. v. First National BankCourt of Appeals for the Ninth Circuit · 1982
- American Timber & Trading Co. v. First National Bank Of OregonCourt of Appeals for the First Circuit · 1982
- Federal Deposit Insurance Corporation v. L.L. ClaycombCourt of Appeals for the Fifth Circuit · 1991
6 more not listed; retrieve them via the Exa API.