Legal Opinion

Hinds v. Marmolejo

California Supreme Court

Decided March 15, 1882No. 7,292PublishedCited by 10 opinions

Appeal from a judgment for the plaintiff in the Twentieth District Court of the County of Santa Clara. Belden, J.

1Opinion of the Court

Ross, J.:

The sole point made by the appellants in this case is that, in this State, a national bank has no right to charge or receive a higher rate of interest upon money loaned than seven per cent per annum. Section 30 of the National Banking-Act provides:

“ Every association organized under this Act may take, receive, reserve and charge on any loans * * * interest at the rate allowed by the laws of the State or Territory where the bank is located, and no more; except that where, by the laws of any State, a different rate is limited for banks of issue organized under State laws, the rate so…

2Cases cited2 opinions

  1. Tiffany v. National Bank of Mo.Supreme Court of the United States · 1874
  2. Johnson v. . National Bank of GloversvilleNew York Court of Appeals · 1878

3Cited by10 opinions

  1. Gist v. Rackliffe-Gibson Construction Co.Supreme Court of Missouri · 1909
  2. California National Bank v. GintyCalifornia Supreme Court · 1895
  3. Daggs v. Phœnix National BankArizona Supreme Court · 1898
  4. Guild v. First National BankSouth Dakota Supreme Court · 1894
  5. National Bank v. BruhnTexas Supreme Court · 1885

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