Legal Opinion
Monongahela Appliance Co. v. Community Bank & Trust, N.A.
District Court, N.D. West Virginia
Decided May 2, 1975No. Civ. A. 74-50-FPublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM ORDER
MAXWELL, Chief Judge.
This is an action to recover $268,427.-46, twice the amount of the allegedly usurious interest paid by plaintiff to defendant on a promissory note. The action is brought under 12 U.S.C. §§ 85 and 86. 1 Jurisdiction is founded on 28 U.S.C. § 1331 (federal question), and venue is laid under 12 U.S.C. § 94. Defendant has filed a motion to dismiss for failure to state a claim upon which relief can be granted, Rule 12(b)(6), F.R.Civ.P. Plaintiff has filed a statement in opposition, including a motion to strike defendant’s motion for failure to comply with Local…
2Cases cited6 opinions
- Tiffany v. National Bank of Mo.Supreme Court of the United States · 1874
- Meadow Brook National Bank v. RecileDistrict Court, E.D. Louisiana · 1969
- Daggs v. Phœnix National BankSupreme Court of the United States · 1900
- In Re International Raw Material CorporationCourt of Appeals for the Second Circuit · 1927
- McNellis v. Merchants National Bank & Trust Co. of SyracuseCourt of Appeals for the Second Circuit · 1968
1 more not listed; retrieve them via the Exa API.
3Cited by8 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
- Jackson v. Culinary School of WashingtonDistrict Court, District of Columbia · 1992
- Nesglo, Inc. v. Chase Manhattan Bank, N.A.District Court, D. Puerto Rico · 1980
- Community Bank & Trust, N.A. v. KeyserWest Virginia Supreme Court · 1981
- Monongahela Appliance Co. v. Community Bank and Trust, N.ACourt of Appeals for the Fourth Circuit · 1976
3 more not listed; retrieve them via the Exa API.