Alves v. Henderson National Bank
Court of Appeals of Kentucky
* Case 19 — PETITION— APPEAL FROM HENDERSON CIRCUIT COURT. 1. The undenied allegations of appellants’ pleadings show that the notes sued on bear or carry with them a usurious rate of interest, and, therefore, the j udgment should be affirmed on the cross-appeal. 2. Appellee, by charging usury, forfeited the right to recover any interest whatever.
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* Case 19 — PETITION— APPEAL FROM HENDERSON CIRCUIT COURT. 1. The undenied allegations of appellants’ pleadings show that the notes sued on bear or carry with them a usurious rate of interest, and, therefore, the j udgment should be affirmed on the cross-appeal. 2. Appellee, by charging usury, forfeited the right to recover any interest whatever. (Revised Statutes of United States, secs. 5197, 5198; Bar. nett v. National Bank, 8 Otto, 555; s. c. 2 Brown's National Bank Cases, p. 18; Eirst National Bank of Uniontown v. Stauffer, 2 Brown's National Bank Cases, p. 178; s. c. 1 Eed. Rep., 187.)…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
To the action ol the appellee, Henderson National Bank, against Rentlinger and others, on six promissory-notes, each dne and payable four months from its date, and each executed by said Reutlinger and others *128to the appellee, tlie appellant, W. S. Alves, as trustee of said Reutlinger, &c., filed his answer, in which it was alleged, in substance, that said notes were executed for borrowed money; that, at the respective times said money was borrowed, the appellee, by an agreement with Reutlinger, &c., put feo much of it to their credit, and…
2Cases cited4 opinions
- Farmers' & Mechanics' National Bank v. DearingSupreme Court of the United States · 1875
- Tiffany v. National Bank of Mo.Supreme Court of the United States · 1874
- Barnet v. National BankSupreme Court of the United States · 1879
- Driesbach v. National BankSupreme Court of the United States · 1881
3Cited by5 opinions
- Marion National Bank v. ThompsonCourt of Appeals of Kentucky · 1897
- Sydner v. Mt. Sterling National BankCourt of Appeals of Kentucky · 1893
- Person v. MattsonNorth Dakota Supreme Court · 1916
- Shafer v. First National BankSupreme Court of Kansas · 1894
- Schultz v. Provident Loan Ass'n, Inc.Court of Appeals of Kentucky (pre-1976) · 1941