Barbour v. National Exchange Bank
Ohio Supreme Court
Error, to the District Court of Seneca County. The plaintiff in error, Anson C. Barbour, commenced the action below in the court of common pleas of Seneca county, as receiver of the Ohio Shoe Company, an Ohio corporation, against the defendant, to recover twice the amount of interest greater than that allowed to be taken by a national bank, and alleged to have been paid by the Ohio Shoe Company for money borrowed by it from the bank.
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Error, to the District Court of Seneca County. The plaintiff in error, Anson C. Barbour, commenced the action below in the court of common pleas of Seneca county, as receiver of the Ohio Shoe Company, an Ohio corporation, against the defendant, to recover twice the amount of interest greater than that allowed to be taken by a national bank, and alleged to have been paid by the Ohio Shoe Company for money borrowed by it from the bank. The defendant answered, among other things, that the appointment of the receiver was without authority and void. The answer set forth the substance of the…
1Opinion of the CourtOwen, C. J.
I and II. The action below was prosecuted under section 5198 of the Revised Statutes of the United States, which provides:
*137“The taking, receiving, reserving or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or wüich has been agreed to be paid thereon. In case flhe greater rate of interest has been paid, the person by whom it has been paid, or his legal representatives, may recover back, in an action in the nature of an action…
2Cases cited7 opinions
- Sanger v. UptonSupreme Court of the United States · 1875
- Vermont & Canada Railroad v. Vermont Central RailroadSupreme Court of Vermont · 1873
- Cadle v. BakerSupreme Court of the United States · 1875
- Bishop v. DaySupreme Court of Vermont · 1841
- Tyler v. WillisNew York Supreme Court · 1861
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