Legal Opinion

Hill v. National Bank of Barre

District Court, D. Vermont

Decided February 15, 1883PublishedCited by 4 opinions

1Opinion of the CourtWheeler, J.

This action is brought upon the second clause of section 5198 of .the Bevised Statutes of the United States, to recover back twice the amount of illegal interest paid. The lawful rate here is 6 per cent, and the plaintiff paid 8. The only question made is whether the plaintiff is entitled to recover the whole amount of this interest so paid, or only twice the amount in excess of the legal rate paid. The whole section -must be read together to ascertain the meaning of this clause. The first clause provides that the taking, receiving, reserving, or charging a rate of interest greater than is…

2Cases cited2 opinions

  1. Oates v. National BankSupreme Court of the United States · 1879
  2. Crocker v. First Nat. BankU.S. Circuit Court for the District of Kansas · 1876

3Cited by4 opinions

  1. Waldner v. Bowden State BankNorth Dakota Supreme Court · 1904
  2. Louisville Trust Co. v. Kentucky Nat. BankU.S. Circuit Court for the District of Kentucky · 1898
  3. Ardmore State Bank v. ThompsonSupreme Court of Oklahoma · 1916
  4. Watt v. First National BankSupreme Court of Minnesota · 1899

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