Legal Opinion

Endres v. First National Bank

Supreme Court of Minnesota

Decided November 20, 1896No. Nos. 10,133-(74)PublishedCited by 9 opinions

Appeal by defendant from an order of the district court for Wilkin county, C. L. Brown, J., overruling a demurrer to the complaint.

1Opinion of the CourtCollins, J.

Rev. St. U. S. § 5197 (one of the provisions of the national banking act) prohibits the taking, receiving, reserving, or charging by national banking associations a rate of interest in excess of that allowed by the laws of the state, territory, or district wherein such association is located; while section 5198 provides that the taking, receiving, reserving, or charging a rate of interest greater than that allowed by section 5.197, “when knowingly done,” shall be deemed *258a -forfeiture of the entire interest which any evidence of debt carries with it, or which has been agreed upon to be paid;…

2Cases cited8 opinions

  1. First Nat. Bank of Charlotte v. MorganSupreme Court of the United States · 1889
  2. Leather Manufacturers' Bank v. CooperSupreme Court of the United States · 1887
  3. Price v. AbbottU.S. Circuit Court for the District of Massachusetts · 1883
  4. Schuyler National Bank v. BollongSupreme Court of the United States · 1893
  5. Schuyler National Bank v. BollongNebraska Supreme Court · 1888

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

3Cited by9 opinions

  1. Miller v. Mun. Court of L. A.California Supreme Court · 1943
  2. Bowles v. Barde Steel Co.Oregon Supreme Court · 1945
  3. Boright v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Minnesota · 1930
  4. First Nat. Bank of Mill Creek v. EllisSupreme Court of Oklahoma · 1911
  5. Owens v. Chicago Great Western RailroadSupreme Court of Minnesota · 1910

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

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