Hill v. National Bank
Supreme Court of Vermont
General Assumpsit to recover for the excess of legal interest paid the plaintiff-to the defendant. Heard by the court, March Term, 1883, Redeield, J., presiding. Judgment for the defendant. The defendant bank is a national banking association, organized, established, and existing by and under the laws of the United States, and is located and doing business at Barre.
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General Assumpsit to recover for the excess of legal interest paid the plaintiff-to the defendant. Heard by the court, March Term, 1883, Redeield, J., presiding. Judgment for the defendant. The defendant bank is a national banking association, organized, established, and existing by and under the laws of the United States, and is located and doing business at Barre. The plaintiff Hill, on the 11th day of April, 1882, brought suit against this defendant in the United States Circuit Court, within and for the District of Vermont, to recover the penalty prescribed by ss. 5197 and 5198 of the…
1Opinion of the Court
The opinion of the court was delivered by
Rowkll, J.
In Farmers and Mechanics National Bank v. Dearing, 91 U. S. 29, the plaintiff, a national banking association, organized under the national Bank Act, and located and doing business in the State of New York, knowingly discounted the note in suit at a greater rate of interest than was allowed by the laws of the State, and the question was, whether that made the note void , as provided by the State statute. The Court of Appeals of New York, following its decision in First National Bank of Whitehall v. Lamb, 50 N. Y. 95, held that it did ; but…
2Cases cited6 opinions
- Farmers' & Mechanics' National Bank v. DearingSupreme Court of the United States · 1875
- Barnet v. National BankSupreme Court of the United States · 1879
- National Bank v. . LewisNew York Court of Appeals · 1878
- First Nat. Bank of Whitehall v. . LambNew York Court of Appeals · 1872
- First National Bank v. ChildsMassachusetts Supreme Judicial Court · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Town of Woodstock v. Town of HancockSupreme Court of Vermont · 1890
- First National Bank v. McEntireSupreme Court of Georgia · 1900
- Cohen v. Welden National BankSupreme Court of Vermont · 1929