Haseltine v. Central National Bank
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. Until plaintiffs had paid the entire debt, principal and interest, to the bank they could not recover the excessive or usurious interest they had* paid on that debt. Wheaton v. Hibbard, 20 Johns. 293; Hawkins v. Welch, 8 Mo. 490; Rutherford v. Williams, 42 Mo. 18; Livingston v. Burton, 43 Mo. App. 272; McBroom v. Scottish Mtg.
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Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. Until plaintiffs had paid the entire debt, principal and interest, to the bank they could not recover the excessive or usurious interest they had* paid on that debt. Wheaton v. Hibbard, 20 Johns. 293; Hawkins v. Welch, 8 Mo. 490; Rutherford v. Williams, 42 Mo. 18; Livingston v. Burton, 43 Mo. App. 272; McBroom v. Scottish Mtg. Co., 153 U. S. 318. (1) In this appeal it is admitted by defendant bank that it violated the U. S. statute. It admits that it charged and received the greater rate of interest. It admits that plaintiffs…
1Opinion of the CourtMarshall, J.
This case is the counterpart of the case of Central National Bank v. Haseltine, 155 Mo. 58. It is an action under section 5198 R. S. H. S. 1878, to recover $831.70, that being double the amount of the usurious interest paid by the plaintiffs to the defendant on the note for $2,240, on which the defendant obtained judgment against the plaintiffs in the other case referred to. It is conceded that the plaintiffs paid the defendant the sum of $415.85 to procure extensions of the note for $2,240, from time to time, between October 29, 1894, and June 14, 1896. It is also conceded that such payments…
2Cases cited12 opinions
- Barnet v. National BankSupreme Court of the United States · 1879
- Brown v. Marion National BankSupreme Court of the United States · 1898
- McBroom v. Scottish Mortgage & Land Investment Co.Supreme Court of the United States · 1894
- Driesbach v. National BankSupreme Court of the United States · 1881
- Stephens v. Monongahela BankSupreme Court of the United States · 1884
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3Cited by7 opinions
- Bush v. Keystone Driller Co.Missouri Court of Appeals · 1917
- McCarthy v. First National Bank of Rapid CitySouth Dakota Supreme Court · 1909
- Second National Bank v. FitzpatrickCourt of Appeals of Kentucky · 1901
- People ex rel. Commissioners of Highways v. Board of SupervisorsAppellate Court of Illinois · 1905
- Fort Worth & D. C. Ry. Co. v. F. Burkart Mfg. Co.District Court, E.D. Missouri · 1944
2 more not listed; retrieve them via the Exa API.