Legal Opinion

Second National Bank v. Fitzpatrick

Court of Appeals of Kentucky

Decided June 7, 1901PublishedCited by 8 opinions

Case 26 — Action by C. N. Fitzpatrick Against the Second National Bank of Richmond to Recover a Penalty for Taking Usury, Consolidated With Two Actions of Second National Bank of Richmond Against Fitzpatrick and Others on Certain Promissory Notes APPEAL FROM MADISON CIRCUIT COURT. Judgment for Fitzpatrick fob the Penalty and for the Bank for Part of its Claims. The Bank Appeals and Appellees Prosecute a Cross-Appeal.

1Opinion of the Court

Opinion or the court by

JUDGE DuRELLE

Reversing.

This appeal is on the record of three cases which were consolidated and heard together in the Madison circuit court. We shall first make a statement in the manner in which the cases originated, adopting in the main the statement of facts on behalf of the bank in regard to the dates and amounts of the money transactions; that being supported by the weight of the testimony, and the basis upon which the circuit court rendered its judgment:

The Penalty Suit. On January 9, 1896, C. N. Fitzpatrick filed his action to recover of the appellant,' which is a…

2Cases cited5 opinions

  1. Brown v. Marion National BankSupreme Court of the United States · 1898
  2. National Bank v. JohnsonSupreme Court of the United States · 1881
  3. Citizens Nat. Bank v. Forman's AssigneeCourt of Appeals of Kentucky · 1901
  4. Elizabethtown L. & B. S. R. R. v. Catlettsburg Water Co.Court of Appeals of Kentucky · 1901
  5. Haseltine v. Central National BankSupreme Court of Missouri · 1900

3Cited by8 opinions

  1. Haines v. Commercial Mortgage Co.California Supreme Court · 1927
  2. Arneill Ranch v. PetitCalifornia Court of Appeal · 1976
  3. McCarthy v. First National Bank of Rapid CitySouth Dakota Supreme Court · 1909
  4. Moss v. First Nat. Bank of Horse Cave's Rec.Court of Appeals of Kentucky (pre-1976) · 1933
  5. Martin Bros. v. Lanesboro Co-Operative Mercantile Co.Supreme Court of Minnesota · 1936

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