Osborn v. First National Bank
Supreme Court of Pennsylvania
Appeal, No. 341, Jan. T., 1893, by plaintiff, Elmer Osborn, assignee for benefit of creditors of E. N. Frost & Son, from order of C. P. Bradford Co., Sept. T., 1892, No. 753, discharging rule for judgment for want of an affidavit of defence. Assumpsit to recover double the amount of usurious interest paid to national bank. Defendant refused to file an affidavit of defence, claiming that the suit being for a penalty, no affidavit of defence could be required.
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Appeal, No. 341, Jan. T., 1893, by plaintiff, Elmer Osborn, assignee for benefit of creditors of E. N. Frost & Son, from order of C. P. Bradford Co., Sept. T., 1892, No. 753, discharging rule for judgment for want of an affidavit of defence. Assumpsit to recover double the amount of usurious interest paid to national bank. Defendant refused to file an affidavit of defence, claiming that the suit being for a penalty, no affidavit of defence could be required. Opinion of court below was as follows, by Peck, P. J.: “ It is claimed by the defendant that’ no affidavit of defence is required in…
1Opinion of the Court
Opinion by
Mb.. Justice Green,
This action is brought to recover penalties for taking usurious interest under the act of Congress of June 3, 1864, sections 5197 and 5198. That the sums sought to be recovered are penalties, pure and simple, cannot be doubted, and has already been decided by. this court. In a similar action, Lebanon National Bank v. Karmany, 98 Pa. 65, Mr. Justice Trunkey in delivering the opinion of the court said, “ It was decided *137in Barnet v. National Bank, 8 Otto, 555, that in an action on a bill of exchange, the defendant could not set off a claim for twice the amount of…
2Cases cited2 opinions
- Boyle v. Smithman, Pennsylvania Court of Common Pleas, Butler County1892
- Lebanon National Bank v. KarmanySupreme Court of Pennsylvania · 1881
3Cited by18 opinions
- City of Philadelphia v. KennyCommonwealth Court of Pennsylvania · 1977
- Sensenig v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1910
- Corry v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1900
- Philadelphia v. ClineSuperior Court of Pennsylvania · 1945
- Hawley v. WallaceSupreme Court of Minnesota · 1917
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