The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it,... The Supreme Court Reporter - Page 491902Full view - About this book
| 1880 - 1956 pages
...receiving, reserving or charging a rate of interest greater than aforesaid shall be held and adjudged to be a forfeiture of the entire interest which the note,...with it, or which has been agreed to be paid thereon ;" and it is further provided that, where excessive interest has been paid, twice the amount may be... | |
| Irving Browne - 1880 - 638 pages
...was this an usurious transaction; section 5198, Revised Statutes of United States, provides " that the taking, receiving, reserving, or charging a rate of interest greater than is allowed by the State where the bank is located, when knowingly done, shall be a forfeiture of the entire interest,... | |
| 1883 - 1904 pages
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| Charles Putzel, H. A. Bähr - 1881 - 656 pages
...this point ? A. The law is very clear and has never been disputed here. Section 5,198 declares that "the taking, receiving, reserving, or charging a rate...which has been agreed to be paid thereon. In case a greater rate of interest has been paid, the person to whom it has been paid, tr his legal representatives,... | |
| 1881 - 628 pages
...interest chargeable by a national bank to that allowed by the local law, and the latter declares that " the taking, receiving, reserving, or charging a rate...it, or which has been agreed to be paid thereon," and in case the unlawful rate has been paid, a penalty of twice the amount thereof is inflicted. The... | |
| Charles Theodore Boone - 1881 - 626 pages
...national banks for taking excessive interest, is that imposed by the Natioual Itaiiking Act;7 namely, the forfeiture of the entire interest which the note,...carries with it. or which has been agreed to be paid thereon,8 and liability to action to гес'Л'ег back dcuble the amount of interest paid.9 The penalty... | |
| Isaac Grant Thompson - 1881 - 896 pages
...issue, the agreement for the indulgence was void. The act of 1876-77, ch. 91, § 3, declares " that the taking, receiving, reserving or charging a rate of interest greater than is allowed in the preceding section (six or eight per cent) when knowingly done shall be deemed a forfeiture of... | |
| 1881 - 1014 pages
...would otherwise have accrued after maturity, as well as the entire interest which the bill or note carries with it, or which has been agreed to be paid thereon. 5 (6.) Jurisdiction of Sta f e Courts in Actions to recover the Penalty from National Ranks. — This... | |
| 1881 - 982 pages
...would otherwise have accrued after maturity, as well as the entire interest which the bill or note carries with it, or which has been agreed to be paid thereon. 5 (6.) Jurisdiction of State Courts in Actions to recover the Penalty from National Banks. — This... | |
| Massachusetts. Supreme Judicial Court - 1882 - 724 pages
...of the State, Territory or District where the bank is located, and no more." US Rev. Sts. § 5197. " The taking, receiving, reserving or charging a rate...it, or which has been agreed to be paid thereon." § 5198. The rate of interest allowed by the laws of the State of New Hampshire, where the note sued... | |
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