Legal Opinion
Sam C. Ballard v. The First National Bank of Birmingham, a National Banking Association
Court of Appeals for the First Circuit
Decided October 8, 1958No. 17104_1PublishedCited by 15 opinions
1Opinion of the Court
CAMERON, Circuit Judge.
The question upon which this appeal will be decided is whether appellant Ballard is estopped to maintain this action by the judgment of a court of Alabama rendered in a suit between the same parties and involving the same subject matter. Appellant sued appellee in this action to recover twice the amount of usurious interest claimed to have been knowingly charged by the Bank in violation of 12 U.S.C.A. §§ 85 and 86 and actually paid by him.
Appellee answered denying the usury, alleging that this action was not brought within two years of its accrual, a condition precedent…
2Cases cited22 opinions
- Lawlor v. National Screen Service Corp.Supreme Court of the United States · 1955
- Langnes v. GreenSupreme Court of the United States · 1931
- United States & Interstate Commerce Commission v. American Railway Express Co.Supreme Court of the United States · 1924
- Reed v. AllenSupreme Court of the United States · 1932
- Becher v. Contoure Laboratories, Inc.Supreme Court of the United States · 1929
17 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Woods Exploration & Producing Company, Inc. v. Aluminum Company of AmericaCourt of Appeals for the Fifth Circuit · 1971
- Norman Tobacco & Candy Company, Inc. v. Gillette Safety Razor CompanyCourt of Appeals for the Fifth Circuit · 1961
- Air-Lite Products, Inc. v. GILBANE BUILDING COMPANYSupreme Court of Rhode Island · 1975
- A. E. Wood v. Citronelle-Mobile Gathering System Company, Ltd.Court of Appeals for the Fifth Circuit · 1969
- Boyajian v. DeFusco (In Re Giorgio)United States Bankruptcy Court, D. Rhode Island · 1986
10 more not listed; retrieve them via the Exa API.