Boerner v. Traders' National Bank
Texas Supreme Court
Question Certified from Court of Civil Appeals, Second District, on writ of error from County Court of Tarrant County.
1Opinion of the Court
DENMAN, Associate Justice.
In this cause the Court of Civil Appeals have certified to this court the following question: “Whether, in a suit against a National bank to recover the penalty provided for in the Federal statute for receiving usurious ■ interest; the measure of recovery is double the whole interest received, or only double the excess above what might have been lawfully contracted for and received?”
Section 5198 of the Revised Statutes of the United States, in reference to National hanks, provides: “The taking, receiving, reserving, or charging a rate of interest greater than is…
2Cases cited10 opinions
- Farmers' & Mechanics' National Bank v. DearingSupreme Court of the United States · 1875
- Oates v. National BankSupreme Court of the United States · 1879
- National Bank v. JohnsonSupreme Court of the United States · 1881
- Hintermister v. . First National BankNew York Court of Appeals · 1876
- First Nat. Bank of Whitehall v. . LambNew York Court of Appeals · 1872
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Baum v. DanielsCourt of Appeals of Texas · 1909
- Lake Benton First National Bank v. WattSupreme Court of the United States · 1902
- Burns v. Veritas Oil Co.Court of Appeals of Texas · 1921
- Citizens' Nat. Bank of Stamford v. StevensonTexas Commission of Appeals · 1921
- Wray v. Citizens' Nat. Bank of DublinTexas Commission of Appeals · 1926
2 more not listed; retrieve them via the Exa API.