Talbot v. Sioux City First National Bank
Supreme Court of the United States
ERROr TO THE SUPREME COURT OF THE STATE OP IOWA. This action was brought by the plaintiff in error in the District Court of Iowa, in and for Woodbury County, under section 5198 of the Revised Statutes of the United States, to recover twice the amount of interest alleged to have been due the defendant by the plaintiff on account of certain transactions had between it and the plaintiff. The.
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ERROr TO THE SUPREME COURT OF THE STATE OP IOWA. This action was brought by the plaintiff in error in the District Court of Iowa, in and for Woodbury County, under section 5198 of the Revised Statutes of the United States, to recover twice the amount of interest alleged to have been due the defendant by the plaintiff on account of certain transactions had between it and the plaintiff. The. District Court gave judgment against the plaintiff, and the Supreme Court of the State affirmed the judgment. The Chief Justice of the State allowed this writ of error. The defendant in error was at the…
1Opinion of the CourtJustice McKenna
1. We are first confronted by a motion to dismiss the action on the ground that no Federal question was decided by the Supreme Court of Iowa. We think the motion should be over ruled. The plaintiff explicitly baséd his right of action upon sections 5197 and 5198 of the Revised Statutes of the United States. The judgment of the trial court and that of the Supreme Court of the State denied such right. Sec. 709, Revised Statutes. This court, therefore, has jurisdiction.
2. Section 5197 authorizes a national bank to charge the rate of interest fixed by the laws of the State in which the bank is…
2Cases cited2 opinions
- Savings & Loan Society v. Multnomah CountySupreme Court of the United States · 1898
- McBroom v. Scottish Mortgage & Land Investment Co.Supreme Court of the United States · 1894
3Cited by16 opinions
- Bossuyt v. Osage Farmers National BankSupreme Court of Iowa · 1985
- Bean v. RumrillSupreme Court of Oklahoma · 1918
- Fourth Nat. Bank of Nashville v. StahlmanTennessee Supreme Court · 1915
- Jones v. MooreSupreme Court of Alabama · 1924
- First National Bank v. DavisSupreme Court of Georgia · 1911
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