Legal Opinion

Ingraham v. Merchants National Bank

Supreme Court of Iowa

Decided October 25, 1911PublishedCited by 4 opinions

Appeal from Butler District Court. — Hon. J. F. Clyde, J udge. Suit in equity to recover usurious interest under the provisions of sections 5197 and 5198 of the Revised Statutes of the United States (U. S. Comp. St. 1901, page 3493). There was a judgment for the plaintiff, from which the defendant appeals.

1Opinion of the CourtSherwin, C. J.

This action was brought under the provisions of sections 5197 and 5198 of the Revised Statutes of the United States, which authorize any person, paying to a national bank a greater rate of interest than the law allows it to take, to recover from it, in an action in the nature of a debt, twice the amount of the interest so paid. Section 5198 also provides: “That suits, actions, and pro- ' ceedings against any association under this title may be had in any circuit, district o.r territorial court of the United States held within the district in which such association may be established, or in…

2Cases cited9 opinions

  1. First Nat. Bank of Charlotte v. MorganSupreme Court of the United States · 1889
  2. Iowa Railroad Land v. SoperSupreme Court of Iowa · 1874
  3. Bradbury v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1910
  4. Iowa Eclectic Medical College Ass'n v. SchraderSupreme Court of Iowa · 1893
  5. Kinser v. Farmer's National BankSupreme Court of Iowa · 1882

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3Cited by4 opinions

  1. Miller v. Mun. Court of L. A.California Supreme Court · 1943
  2. Bowles v. Barde Steel Co.Oregon Supreme Court · 1945
  3. State Ex Rel. Powell v. State BankMontana Supreme Court · 1931
  4. Miller v. Mun. Court of L. A.California Supreme Court · 1943

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