Louisville Trust Co. v. Kentucky Nat. Bank
U.S. Circuit Court for the District of Kentucky
This was an action by plaintiff, as assignee for the benefit of creditors of the firm of W. H. Thomas & Son, to recover the penalty imposed by the national banking act for usury paid the defendant by plaintiff’s assignors. 1
1Opinion of the Court
EVANS, District Judge.
When this case was before the court upon a previous occasion my learned predecessor, Judge Barr, in disposing of the demurrer to the plaintiff's petition, announced, as reported in 87 Fed. 143, three propositions, in substance as follows, namely: First, that the plaintiff', as assignee under a voluntary deed of assignment for the benefit of the creditors of W. H. Thomas & Son, might, as the “legal representative” of that insolvent partnership firm, sue in its own name to recover, under section 5198 of the Revised Statutes, any usury which had been paid to the defendant…
2Cases cited5 opinions
- 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
- Louisville Trust Co. v. Kentucky Nat. BankU.S. Circuit Court for the District of Kentucky · 1898
- Estill v. RodesCourt of Appeals of Kentucky · 1841
3Cited by4 opinions
- Waldner v. Bowden State BankNorth Dakota Supreme Court · 1904
- McCarthy v. First National Bank of Rapid CitySouth Dakota Supreme Court · 1909
- Ardmore State Bank v. ThompsonSupreme Court of Oklahoma · 1916
- Baker v. Lynchburg National BankSupreme Court of Virginia · 1917