Kinser v. Farmer's National Bank
Supreme Court of Iowa
Appeal from Jefferson District Court. Action for a penalty brought December 21, 1878. The plaintiff avers that he borrowed of the defendant bank certain money; that he paid as usurious interest thereon during the two years last prior to the commencement of the action, the sum of $8,000, and he asks judgment for double that amount; The-defendant pleaded a general denial, and the statute of. limitations. It. also pleaded-to the jurisdiction of the court.
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Appeal from Jefferson District Court. Action for a penalty brought December 21, 1878. The plaintiff avers that he borrowed of the defendant bank certain money; that he paid as usurious interest thereon during the two years last prior to the commencement of the action, the sum of $8,000, and he asks judgment for double that amount; The-defendant pleaded a general denial, and the statute of. limitations. It. also pleaded-to the jurisdiction of the court. There was a trial without a jury. The court found that the plaintiff paid the defendant usurious interest during the two years last prior to…
1Opinion of the CourtAdams, J.
1. Jurisdiction : of state courts: national banking act: change of venue. I. The first question which naturally presents itself,-arises upon the defendant’s appeal; and that is in regard to the .jurisdiction of the court. The action was brought in the Circuit Court of Appanoose ° x county against the defendant, as a national bank, located in that county. The object of the action is to enforce a forfeiture for usury provided in the national banking act. The defendant’s plea to the jurisdiction is based-in part upon the alleged want of jurisdiction of any State court to hear and determine an…
2Cases cited3 opinions
- McFadden v. FortierIllinois Supreme Court · 1858
- Lash v. EdgertonSupreme Court of Minnesota · 1868
- Garth v. Cooper & SmithSupreme Court of Iowa · 1861
3Cited by8 opinions
- Leach v. HallSupreme Court of Iowa · 1895
- Planters National Bank of Virginia v. Wysong & Miles Co.Supreme Court of North Carolina · 1919
- Parsons v. ParsonsSupreme Court of Iowa · 1885
- Moore v. . BeamanSupreme Court of North Carolina · 1893
- Stewart v. First National Bank & Trust Co.Montana Supreme Court · 1933
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