Legal Opinion

Elmo E. Koos, Sr. And Caroline M. Koos v. First National Bank of Peoria

Court of Appeals for the First Circuit

Decided May 17, 1974No. 73-1694PublishedCited by 157 opinions

1Opinion of the Court

CUMMINGS, Circuit Judge.

The two named plaintiffs filed a class action complaining that the defendant bank was charging usurious interest. The gravamen of the complaint was that defendant was charging them in excess of the 8 per cent rate of interest permissible under the Illinois Usury Law. 111. Rev.Stats.1973, ch. 74, § 4. The National Bank Act provides for the recovery of twice the amount of interest illegally charged, but contains a two-year statute of limitations. 1 Illegality is to be determined under state law, subject to an exception in the Act not relied on by defendant. 12 U.S.C. §§…

2Cases cited8 opinions

  1. Tcherepnin v. KnightSupreme Court of the United States · 1967
  2. Mersay v. First Republic Corp. of AmericaDistrict Court, S.D. New York · 1968
  3. Perlman v. First National Bank of ChicagoAppellate Court of Illinois · 1973
  4. Richardson v. Hamilton International Corp.District Court, E.D. Pennsylvania · 1974
  5. Lillian M. Matise, as Personal Representative of Granville C. Matise, Deceased v. American Foreign Steamship Co.Court of Appeals for the Ninth Circuit · 1974

3 more not listed; retrieve them via the Exa API.

3Cited by157 opinions

  1. Beck v. Maximus, Inc.Court of Appeals for the Third Circuit · 2006
  2. CE Design Ltd. v. King Architectural Metals, Inc.Court of Appeals for the Seventh Circuit · 2011
  3. Patterson v. General Motors Corp.Court of Appeals for the Seventh Circuit · 1980
  4. In re LTV Securities LitigationDistrict Court, N.D. Texas · 1980
  5. Zenith Laboratories, Inc., on Behalf of Itself and All Others Similarly Situated v. Carter-Wallace, IncCourt of Appeals for the Third Circuit · 1976

152 more not listed; retrieve them via the Exa API.

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