Legal Opinion
Reese v. Colquitt National Bank
Court of Appeals of Georgia
Decided March 1, 1913No. 4515PublishedCited by 3 opinions
Complaint; from city court of Blakely—Judge Bambo. October 30, 1913.
1Opinion of the Court
Hill, O. J.
1. State statutes relating to usury, and prescribing penalties for the charging, reserving, or taking of usury, have no application to negotiable instruments held by national banks. The penalty fixed by the United States Revised Statutes, § 5198 (U. S. Comp. St. 1901, p. 3493), against national banks for “the taking, receiving, reserving, or charging” of usury, and the remedy given by the act of Congress against national banks for taking usurious interest, are exclusive. First National Bank v. Davis, 135 Ga. 687, 691 (70 S. E. 246, 36 L R. A. (N. S.) 134); Bowles, National Bank Act…
2Cases cited4 opinions
- Farmers' & Mechanics' National Bank v. DearingSupreme Court of the United States · 1875
- Oates v. National BankSupreme Court of the United States · 1879
- First National Bank v. DavisSupreme Court of Georgia · 1911
- First National Bank v. McEntireSupreme Court of Georgia · 1900
3Cited by3 opinions
- Miller v. Oklahoma State Bank of AltusSupreme Court of Oklahoma · 1915
- State Ex Rel. Powell v. State BankMontana Supreme Court · 1931
- Cooper v. National BankCourt of Appeals of Georgia · 1917