Hintermister v. . First National Bank
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department reversing a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term and granting a new trial.
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Appeal from order of the General Term of the Supreme Court in the third judicial department reversing a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term and granting a new trial. (Reported below 3 Hun, 345; 5 T. & C., 484.) This action was brought under the thirtieth section of the national banking act (H. S. R. S., § 5198) to recover twice the amount of interest paid upon three notes, which were renewals of a former note, and for twice the amount of excess paid upon a fourth renewal. The notes were all made payable with interest. The court found…
1Opinion of the CourtAllen, J.
The Supreme Court of the United States having given an interpretation to the act of congress regulating the interest which may be lawfully taken by national banks, and declaring the penalties for demanding or receiving interest at a greater rate than that allowed by law, adverse to the views of this court, as expressed in The National Bank of Whitehall v.Lamb (50 N. Y., 95), neither that case nor that of The Farmers' Bank of Fayetteville v. Hale (59 N. Y., 53) can be longer considered as furnishing a rule for decision in cases within the principle of the adjudication by the Federal court. The…
2Cases cited4 opinions
- Tiffany v. National Bank of Mo.Supreme Court of the United States · 1874
- Sturgis v. . SpoffordNew York Court of Appeals · 1871
- Farmers' Bank v. . HaleNew York Court of Appeals · 1874
- First Nat. Bank of Whitehall v. . LambNew York Court of Appeals · 1872
3Cited by26 opinions
- People v. PinkneyMichigan Supreme Court · 2018
- National Bank v. . LewisNew York Court of Appeals · 1878
- Schlesinger v. . GilhoolyNew York Court of Appeals · 1907
- Lynch v. Merchants National Bank of West VirginiaWest Virginia Supreme Court · 1883
- Union Savings Ass'n v. CumminsSupreme Court of Oklahoma · 1920
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