Legal Opinion

W. E. Daniel and E. A. Dillard v. The First National Bank of Birmingham

Court of Appeals for the First Circuit

Decided January 17, 1956No. 15583PublishedCited by 29 opinions

1Opinion of the Court

RIVES, Circuit Judge.

Under Title 12, Sections 85 and 861 of the United States Code Annotated, Daniel and Dillard filed separate suits against The First National Bank of Birmingham for the recovery of twice the amount of usurious interest alleged to have been knowingly charged by the defendant and paid by each of the plaintiffs. The amount involved in each case was less than $3,000.00, but it is not questioned that the district court had at least concurrent jurisdiction with the state courts.2 In the district court, the cases were heard together before the court without a jury resulting in…

2Cases cited17 opinions

  1. Galena Oaks Corporation v. Frank Scofield, Collector of Internal RevenueCourt of Appeals for the Fifth Circuit · 1954
  2. First Nat. Bank of Charlotte v. MorganSupreme Court of the United States · 1889
  3. Hare v. General Contract Purchase Corp.Supreme Court of Arkansas · 1952
  4. Commercial Credit Co. v. TarwaterSupreme Court of Alabama · 1926
  5. Hogg v. RuffnerSupreme Court of the United States · 1861

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3Cited by29 opinions

  1. Carper v. Kanawha Banking & Trust Co.West Virginia Supreme Court · 1974
  2. J. W. Williamson, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1964
  3. Federal Deposit Insurance Corporation, as Liquidator for the Hamilton National Bank of Chattanooga v. Lattimore Land CorporationCourt of Appeals for the Fifth Circuit · 1981
  4. Joseph W. Hales v. Winn-Dixie Stores, Inc.Court of Appeals for the Fourth Circuit · 1974
  5. State v. J. C. Penney Co.Wisconsin Supreme Court · 1970

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