Guild v. First National Bank
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. Chas. M. Thomas, Judge. Action by Alice M. Guild, administratrix of the estate of John Guild, deceased, against the First National Bank of Deadwood, to recover ill egal interest paid. There was judgment for plaintiff, and defendant appeals. The facts are fully stated in the opinion.
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Appeal from circuit court, Lawrence county. Hon. Chas. M. Thomas, Judge. Action by Alice M. Guild, administratrix of the estate of John Guild, deceased, against the First National Bank of Deadwood, to recover ill egal interest paid. There was judgment for plaintiff, and defendant appeals. The facts are fully stated in the opinion. It was the intent and purpose of the national banking act to give national banks the right to charge and receive the same rate of interest as was allowed to be charged and received by natural persons, and by the laws of any state or district where such banks were…
1Opinion of the CourtCorson, P. J.
This was an action originally commenced by John Guild, under the provisions of Section 5198, Rev. St. U. S., generally known as the “National Banking Law,” to recover of the defendant, a national bank of the United States, organized under the national banking law, and doing business at the city of Deadwood, Lawrence county, in the now state of South Dakota, the amount of illegal interest alleged to have been charged and received by said defendant upon promissory notes, overdrafts, and monthly balances, in transactions between said plaintiff and said defendant, between April 30, 1886, and…
2Cases cited16 opinions
- Missouri v. LewisSupreme Court of the United States · 1880
- Tiffany v. National Bank of Mo.Supreme Court of the United States · 1874
- Clinton v. EnglebrechtSupreme Court of the United States · 1872
- State ex rel. Webster v. County CommissionersCourt of Appeals of Maryland · 1868
- National Bank v. JohnsonSupreme Court of the United States · 1881
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3Cited by7 opinions
- Daggs v. Phœnix National BankArizona Supreme Court · 1898
- Washington v. Maricopa CountyCourt of Appeals for the Ninth Circuit · 1945
- Nixon v. ReidSouth Dakota Supreme Court · 1896
- Davey v. First Nat. BankSouth Dakota Supreme Court · 1897
- Meredith v. First National BankTennessee Supreme Court · 1912
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