Legal Opinion

Commercial Nat. Bank of Checotah v. Phillips

Supreme Court of Oklahoma

Decided October 31, 1916No. 7926PublishedCited by 7 opinions

Error from District Court, McIntosh County: T. P. Olay. Assigned Judge. Action by S. A. Phillips against the Com-mereial National Bank of Ghecotah. From a judgment for plaintiff, defendant appeals.

1Opinion of the Court

Opinion by

BUBFOBD, C.

This was an action instituted in the district court of McIntosh county, Okla., by S. A. Phillips as plaintiff, against the Commercial National Bank of Checotah as defendant, to recover twice the amount of usurious interest charged by the bank and paid by him. There was no allegation in the petition or proof at the trial that any demand had been made for the return of the usury. The suit being against a national bank was brought under the authority of section 5198, Bev. St. U. S. There was a demurrer to the petition, which was overruled. Thereupon the defendants answered…

2Cases cited10 opinions

  1. Farmers' & Mechanics' National Bank v. DearingSupreme Court of the United States · 1875
  2. Greenleaf v. GoodrichSupreme Court of the United States · 1880
  3. Schuyler National Bank v. GadsdenSupreme Court of the United States · 1903
  4. Miller v. Oklahoma State Bank of AltusSupreme Court of Oklahoma · 1915
  5. State ex rel. Sigsbee v. City of BirminghamSupreme Court of Alabama · 1908

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3Cited by7 opinions

  1. Stewart v. California Medical Etc. Assn.California Supreme Court · 1918
  2. Kinney Loan & Finance Co. v. SumnerNebraska Supreme Court · 1954
  3. Stewart v. Cal. Med. Missionary & Benevolent Ass'nCalifornia Supreme Court · 1918
  4. Pine Grove Manor v. Director, Div. of TaxationNew Jersey Superior Court Appellate Division · 1961
  5. Livengood v. BallSupreme Court of Oklahoma · 1916

2 more not listed; retrieve them via the Exa API.

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