Moniteau National Bank v. Miller
Supreme Court of Missouri
Appeal from Moniteau Circuit Court. — Hon. Q-. W. Miller, Judge. 1. In an action by a national bank, defendant cannot be allowed a counter claim for unlawful interest paid by Mm more than two years prior thereto. U. S. Rev. Stat., § 5198; National Bank v. Boylan, 2 Abb. New Cases 216 ; Iiigley v. National Bank, 26 Ohio St. 75 ; s. c., 20 Am.
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Appeal from Moniteau Circuit Court. — Hon. Q-. W. Miller, Judge. 1. In an action by a national bank, defendant cannot be allowed a counter claim for unlawful interest paid by Mm more than two years prior thereto. U. S. Rev. Stat., § 5198; National Bank v. Boylan, 2 Abb. New Cases 216 ; Iiigley v. National Bank, 26 Ohio St. 75 ; s. c., 20 Am. Rep. 759 ; Shinkle v. National Bank, 22 Ohio St. 516; Thompson’s National Bank Cases, 798, 824, 833. The two years limitation begins to run from the time of payment of the usurious interest; (Brown v. National Bank, 82 Pa. St. 209 ;) and is to be compute…
1Opinion of the CourtHenry, J.
This is a suit on two promissory notes, discounted by plaintiff, which défendant signed as surety for one Reed. In 1869 Reed borrowed of the Bank of California, a corporation organized under the laws of *190this State, $1,041, and executed his note for that amount payable ninety days after its date, with defendant as his surety, but received oh the discount thereof but $996.40, the bank stipulating for the payment of $49.60 interest for said loan, $26.15 of which was in excess of the legal rate of interest, the whole amount of interest being included in the note. It was renewed every ninety days;…
2Cases cited1 opinion
- Barnet v. National BankSupreme Court of the United States · 1879
3Cited by8 opinions
- Boatmen's Bank v. Trower Bros.Court of Appeals for the Eighth Circuit · 1910
- St. Louis Steam-Heating & Ventilating Co. v. BissellMissouri Court of Appeals · 1890
- Central National Bank v. HaseltineSupreme Court of Missouri · 1900
- Nichols, Shepherd & Co. v. KnowlesU.S. Circuit Court for the District of Minnesota · 1881
- Bader v. Chicago Mill & Lumber Co.Missouri Court of Appeals · 1908
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