Cohen v. Welden National Bank

The plaintiff claims that the only question presented by this record is whether a State court has jurisdiction of a claim for usury paid to a national bank; the defendant insists that the only question in the case is whether a recovery of such usury can be had under a state statute. The bill of exceptions sustains the defendant’s claim. It says: “This is an action brought under section 2845 of the General Laws of Vermont for.the recovery of usury.” This statement is binding upon ns. It determines the character of the action and governs our consideration of it. Halloran v. New England T. & T.…