Ordway v. Central National Bank
Court of Appeals of Maryland
Appeal from the Baltimore City Court. This was an action of debt brought for the recovery of twice the amount of the interest paid on certain loans or discounts, on the ground that the interest so taken was at a rate exceeding that allowed by the laws of the State of Maryland; and it is grounded on the 30th sec. of the Act of Congress, 1864, Session 1, ch. 106, under which the corporation named as defendant was incorporated.
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Appeal from the Baltimore City Court. This was an action of debt brought for the recovery of twice the amount of the interest paid on certain loans or discounts, on the ground that the interest so taken was at a rate exceeding that allowed by the laws of the State of Maryland; and it is grounded on the 30th sec. of the Act of Congress, 1864, Session 1, ch. 106, under which the corporation named as defendant was incorporated. The suit was instituted on the 19th November,-1875, when the original declaration was filed, but by agreement, stands as if it had been commenced on 25th July, 1874. On…
1Concurrence
Bowie, J.,
delivered the following concurring opinion.
This case was docketed by consent in Baltimore City Court as of July 25th, 1874 ; a general demurrer to the narr. filed, and joinder therein.
On the 11th of March, 1876, the defendants suggested in writing on the record, that they were a corporation, organized under an Act of Congress, passed the 3rd day of June, 1864, ch. 106, commonly known as “The National Banking Act:” that said Act contained provisions for the voluntary dissolution of such associations, and that in conformity with those provisions, the corporation was dissolved, and…
2Cases cited4 opinions
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
- Houston v. MooreSupreme Court of the United States · 1820
- State v. MaceCourt of Appeals of Maryland · 1853
- Chesapeake Bank v. First National BankCourt of Appeals of Maryland · 1874