Legal Opinion
McCollum v. Hamilton National Bank
Supreme Court of the United States
Decided February 28, 1938No. 342PublishedCited by 60 opinions
1Opinion of the CourtJustice Butler
Section 5197, Revised Statutes, 1 governs the rates of interest to be taken by national banking associations and § 5198 2 declares that the receiving of a rate of interest greater than that allowed, when knowingly done, shall be deemed a forfeiture of the entire interest and provides that, in case a greater rate has been paid, the person paying it may recover back twice the amount, in a suit in the nature of an action of debt. Petitioner is trustee in bankruptcy of Lookout Planing Mills, a corporation. He brought this suit under § 5198 in the chancery court of Hamilton County, Tennessee, to…
2Cases cited17 opinions
- United States v. WiltbergerSupreme Court of the United States · 1820
- Farmers' & Mechanics' National Bank v. DearingSupreme Court of the United States · 1875
- First National Bank of Jacksboro v. LasaterSupreme Court of the United States · 1905
- Boynton v. BallSupreme Court of the United States · 1887
- Chaffee & Co. v. United StatesSupreme Court of the United States · 1874
12 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Robert L. Roper v. Consurve, Inc., D/B/A Bankamericard Center, and Deposit Guaranty National Bank, Jackson, MississippiCourt of Appeals for the Fifth Circuit · 1978
- United Companies Financial Corp. v. BrantleyUnited States Bankruptcy Court, N.D. Florida · 1980
- M. Nahas & Co., Inc. v. First National Bank of Hot SpringsCourt of Appeals for the First Circuit · 1991
- James Riggs, Trustee in Bankruptcy v. Government Employees Financial Corporation, Etc.Court of Appeals for the Ninth Circuit · 1980
- Gochenour v. Cleveland Terminals Bldg. Co.Court of Appeals for the Sixth Circuit · 1941
55 more not listed; retrieve them via the Exa API.