Dow v. Irasburgh National Bank
Supreme Court of Vermont
General Assumpsit. The plaintiff filed specifications, claiming to recover from the defendant, a corporation organized under the general banking laws of the United States, $120 paid to the defendant for usurious interest on notes, drafts, checks, and bills of exchange, during the six years next preceding the date of the writ.
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General Assumpsit. The plaintiff filed specifications, claiming to recover from the defendant, a corporation organized under the general banking laws of the United States, $120 paid to the defendant for usurious interest on notes, drafts, checks, and bills of exchange, during the six years next preceding the date of the writ. The defendant moved to dismiss, for that the court had not jurisdiction; and the court, at the February Term, 1877, Redfield, J., presiding, pro forma, sustained the motion, and rendered judgment for the defendant; to which the plaintiff excepted. It was error to grant…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
This is an action of assumpsit in the common counts. It is not questioned that State courts would have jurisdiction in this form of action where national banks are parties, for causes of action arising ex contractu in business transactions. So far as the cause of action set forth in the declaration is concerned, there is no ground for the motion. The specification shows that recovery is sought for money paid to the bank as interest in excess of six per cent. It is therefore claimed that the State court had not jurisdiction, and that, for…
2Cases cited5 opinions
- National Bank v. CommonwealthSupreme Court of the United States · 1870
- Cooke v. . State National Bank of BostonNew York Court of Appeals · 1873
- Farmers' Bank v. . HaleNew York Court of Appeals · 1874
- First Nat. Bank of Whitehall v. . LambNew York Court of Appeals · 1872
- Central National Bank v. PrattMassachusetts Supreme Judicial Court · 1874
3Cited by5 opinions
- Lynch v. Merchants National Bank of West VirginiaWest Virginia Supreme Court · 1883
- First National Bank v. OvermanNebraska Supreme Court · 1887
- Proctor v. LibbySupreme Judicial Court of Maine · 1912
- Hill v. National BankSupreme Court of Vermont · 1884
- Schuyler National Bank v. BullongNebraska Supreme Court · 1888