Driesbach v. National Bank
Supreme Court of the United States
' Error to the Circuit Court of the United. States for the Western District of Pennsylvania. The' first of these actions was brought by the Second National Bank of 'Wilkes Barre, Pennsylvania,.against Driesbach, upon two promissory nodes, of which, the following are copies::— “$8,000:] ’ - Wilkes B:rre, Pa., Aug, 11, 1877..
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' Error to the Circuit Court of the United. States for the Western District of Pennsylvania. The' first of these actions was brought by the Second National Bank of 'Wilkes Barre, Pennsylvania,.against Driesbach, upon two promissory nodes, of which, the following are copies::— “$8,000:] ’ - Wilkes B:rre, Pa., Aug, 11, 1877.. “ Ninety days after date I promise to pay to the order" of J. B. Stark eight thousand dollars, af the Second National Bank of Wilkes Barre, without defalcation. Value received. “ D. G. Driesbach. (On the back of which is indorsed:) “ J. B. Stark, D. G. Driesbach.”…
1Opinion of the CourtChief Justice Waite
The object of the plaintiffs in error in these suits is to havé usurious interest paid a national bank on renewing a series of notes, of which those now in suit are the last, applied in satis faction of tbe principal of the debt. The claim is not for interest stipulated for and included in' the notes sued on, but for the application of what has actually been paid as interest tó' the discharge of principal. This we held in Barnet v. National Bank (98 U. S. 555) could not be done and in First National Bank of Clarion v. Gruber (8 Weekly Notes of Cases, 119), and National Bank of Fayette County…
2Cases cited1 opinion
- Barnet v. National BankSupreme Court of the United States · 1879
3Cited by53 opinions
- Tucker v. AlexandroffSupreme Court of the United States · 1902
- Brown v. Marion National BankSupreme Court of the United States · 1898
- McCollum v. Hamilton National BankSupreme Court of the United States · 1938
- McBroom v. Scottish Mortgage & Land Investment Co.Supreme Court of the United States · 1894
- Stephens v. Monongahela BankSupreme Court of the United States · 1884
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