Cooper v. National Bank
Court of Appeals of Georgia
Aetion for penalty. Before Judge Meldrim.- Chatham superior court. March 26, 1917. This suit was brought by the receivers of the Citizens & Screven County Bank against the National Bank of Savannah, alleging in substance that the defendant had knowingly received, charged, and taken from the Citizens & Screven County Bank interest in excess of' the highest contractual rate allowed under the laws of the State of Georgia; and it was sought to recover the penalty for usury…
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Aetion for penalty. Before Judge Meldrim.- Chatham superior court. March 26, 1917. This suit was brought by the receivers of the Citizens & Screven County Bank against the National Bank of Savannah, alleging in substance that the defendant had knowingly received, charged, and taken from the Citizens & Screven County Bank interest in excess of' the highest contractual rate allowed under the laws of the State of Georgia; and it was sought to recover the penalty for usury imposed by the Federal statute upon national banks. An exhibit was attached to the petition, showing a list of the loans…
1Opinion of the CourtJenkins, J.
(After stating the foregoing facts.)
1. The Revised Statutes of the United States, as to national banking associations, provide as follows: Section 5197: “Any association may take, receive, reserve, and charge on any loan or discount, made, or upon any pote, bill.of exchange, or other evidences .of debt, interest at the rate allowed by the laws of the State, Territory, .or. district where the bank is located, and no- more, except ¡that where by. the laws of any State a different rate is limited for •banks of issue organized under State laws, the rate so limited shall be. allowed for…
2Cases cited19 opinions
- Farmers' & Mechanics' National Bank v. DearingSupreme Court of the United States · 1875
- Fleckner v. President of the Bank of the United StatesSupreme Court of the United States · 1823
- National Bank v. JohnsonSupreme Court of the United States · 1881
- Haseltine v. Central Bank of SpringfieldSupreme Court of the United States · 1901
- Pope v. MarshallSupreme Court of Georgia · 1887
14 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bank of Lumpkin v. Farmers State BankSupreme Court of Georgia · 1926
- Knight v. First Federal Savings & Loan Ass'nCourt of Appeals of Georgia · 1979
- American Surety Co. v. Bank of DawsonCourt of Appeals of Georgia · 1931
- Lee v. Beneficial Finance Co.Court of Appeals of Georgia · 1981
- Cullens v. PhillipsCourt of Appeals of Georgia · 1968