Stout, Goldsborough & Perry v. Ennis National Bank

Stayton, Associate Justice.

The appellants, Stout, Golds-borough and Perry, bring this suit as partners to recover from the Ennis National Bank a penalty based on a claim that they paid to the bank usurious interest.

The action is brought under an act of Congress prescribing the rate of interest which national banks may charge, and..giving penalties against them for taking, receiving or charging interest greater than the law permits. Under that act, such banks may, in this State, take, receive or charge interest not greater than twelve per cent per annum. So much of the act as provides…