Legal Opinion

Bollong v. Schuyler National Bank

Nebraska Supreme Court

Decided March 20, 1889PublishedCited by 2 opinions

Error to the district court for Colfax county.. Tried below before Marshall, J. cited: National Bank v. Garlinghouse, 22 Ohio St. 492; Davis v. Iiandall, 115 Mass. 547; Barnet v. National Bank, 98 U. S. 555; Stephen v. Monongahela National Bank, 111 Id. 197; Driesbaeh v. National Bank, 104 Id. 52; Bankv. Gruber, 91 Pa.

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Error to the district court for Colfax county.. Tried below before Marshall, J. cited: National Bank v. Garlinghouse, 22 Ohio St. 492; Davis v. Iiandall, 115 Mass. 547; Barnet v. National Bank, 98 U. S. 555; Stephen v. Monongahela National Bank, 111 Id. 197; Driesbaeh v. National Bank, 104 Id. 52; Bankv. Gruber, 91 Pa. St. 377; Windsor v. McVeigh, 93 U. S. 274-284; Freeman on Judgments, p. 116-122, and cases cited; Herman on Estoppel and Res Adjudicata, p. 110; Aspden v. Nixon, 4 How. 467; Houston v. Musgrove, 35 Tex. 594; Wanzer v. Howland, 10 Wis. 8; Damp v. Town of Dane, 29 Wis. 420; The…

1Opinion of the Court

Reese, Ch. J.

This action was institued in the district court of Colfax county, for the recovery, under section 5198 of the Revised Statutes of the United States, of twice the amount of illegal interest alleged to have been paid defendant in error, it being organized as a national bank under and in pursuance of the laws of the United States.

The petition contained twelve counts or separate causes of action, each being based upon a payment of illegal interest alleged to have been made to the bank. The total amount for which judgment was demanded was $707.10.

The answer of defendant contained,…

2Cases cited4 opinions

  1. Barnet v. National BankSupreme Court of the United States · 1879
  2. Blair v. . BartlettNew York Court of Appeals · 1878
  3. Edwards v. StewartNew York Supreme Court · 1853
  4. First National Bank v. OvermanNebraska Supreme Court · 1887

3Cited by2 opinions

  1. Litz v. RoweSupreme Court of Virginia · 1915
  2. Ahrens v. Commercial Nat. BankSupreme Court of Oklahoma · 1924

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