First National Bank v. Turner
Court of Appeals of Kansas
Memorandum. — • Error from Harvey district court ; L. Houk, judge. Action ’by J. H. Turner against The First National Bank of Newton, Kansas, to recover penalty for alleged usury. Judgment for plaintiff. Defendant brings the case to this court.
1Opinion of the Court
The opinion of the court was delivered by
Dennison, J. :
This is an action brought in the district court of Harvey county, Kansas, by J. H. Turner, as plaintiff, against the First National Bank of Newton, Kansas, as defendant, ,to recover twice the amount of usurious interest paid by said Turner to said bank. The action is brought under sections 5197 and 5198 of the Revised Statutes of the United States, being a part of the national banking law. Said section 5197 provides that a national banking association cannot charge a greater rate of interest than is allowed by the laws of the state in…
2Cases cited1 opinion
- First National Bank v. GrimesSupreme Court of Kansas · 1892
3Cited by10 opinions
- Hunt v. Ford Motor Co.Court of Appeals for the Tenth Circuit · 1995
- Parker v. Continental Casualty Co.Supreme Court of Kansas · 1963
- 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
- Baum v. DanielsCourt of Appeals of Texas · 1909
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