Kearney v. First N. Bank
Supreme Court of Pennsylvania
APPEAL BY PLAINTIEE EROM THE COURT OE COMMON PLEAS OE CLARION COUNTY. No. 187 October Term 1889, Sup. Ct.; court below, No. 226 April Term 1888, C. P. On March 6,1888, A. B. Kearney brought assumpsit against the First National Bank of Clarion, to recover the penalty imposed by the act of Congress of June 8, 1864, Rev. St. U. S., § 5198, p. 1012. Issue.
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APPEAL BY PLAINTIEE EROM THE COURT OE COMMON PLEAS OE CLARION COUNTY. No. 187 October Term 1889, Sup. Ct.; court below, No. 226 April Term 1888, C. P. On March 6,1888, A. B. Kearney brought assumpsit against the First National Bank of Clarion, to recover the penalty imposed by the act of Congress of June 8, 1864, Rev. St. U. S., § 5198, p. 1012. Issue. At the trial on January 14, 1889, the plaintiff introduced testimony from which it was claimed he was entitled to recover the amount of various sums of money paid to defendant bank as interest at the rate of 9 per cent on several notes for…
1Per curiam
This was a suit in the court below against the First National Bank of Clarion, to recover the penalty imposed by the act of congress for charging and receiving usurious interest on loans. The payment of usurious interest was proved to the satisfaction of the jury to the extent of $18, and they returned a verdict *582for double that amount. The plaintiff was not satisfied with this result, and claims that, but for certain errors in the rulings of the court below, he would have obtained a verdict for a much larger amount.
The ruling complained of in the first specification of error was justified by…
2Cases cited5 opinions
- Heath v. PageSupreme Court of Pennsylvania · 1865
- Brown v. Second National BankSupreme Court of Pennsylvania · 1872
- Hopkins v. WestSupreme Court of Pennsylvania · 1876
- Reed v. DefebaughSupreme Court of Pennsylvania · 1855
- Oliphant v. Church & CarothersSupreme Court of Pennsylvania · 1852
3Cited by4 opinions
- Osborn v. First National BankSupreme Court of Pennsylvania · 1896
- First Nat. Bank of Tishomingo v. LathamSupreme Court of Oklahoma · 1913
- McCarthy v. First National Bank of Rapid CitySouth Dakota Supreme Court · 1909
- Scottish Mortgage & Land Investment Co. v. McBroomNew Mexico Supreme Court · 1892