Lebanon National Bank v. Karmany
Supreme Court of Pennsylvania
May 17th. 1881. Before Sharswood, O. J.,_ Meecub, Gordon, Paxson, Trunkey, Sterrett, and Green, JJ. Error to the Court of Common Pleas of Lebanon county: Of May Term 1881, No. 3. Debt, by David M. Karmany against the Lebanon National Bank, to recover back twice the amount of usurious interest paid by the plaintiff on certain loans and discounts, as the penalty prescribed by section 5198, Devised Statutes of the United States, for the taking of usurious interest by national…
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May 17th. 1881. Before Sharswood, O. J.,_ Meecub, Gordon, Paxson, Trunkey, Sterrett, and Green, JJ. Error to the Court of Common Pleas of Lebanon county: Of May Term 1881, No. 3. Debt, by David M. Karmany against the Lebanon National Bank, to recover back twice the amount of usurious interest paid by the plaintiff on certain loans and discounts, as the penalty prescribed by section 5198, Devised Statutes of the United States, for the taking of usurious interest by national banks. The declaration averred, in a single count, that within two years from the commencement of the action the…
1Opinion of the CourtJustice Trunkey
In the twenty-eight points presented to the court below and in the more than thirty assignments of error, no question is made but that the plaintiff paid and the defendant received a large amount of usurious interest. That fact was too patent to be gainsaid. The court submitted* to the jury to find ■the amount of interest charged on the several loans and discounts, and if in excess of the legal rate, with instructions that there could be no recovery for usurious interest paid' on any contract or note not declared upon. This submission, involving the merits of the case, is not specified among…
2Cited by9 opinions
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- 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
- Meredith v. American National BankTennessee Supreme Court · 1912
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