| Law reports, digests, etc - 1877 - 632 pages
...bank "a rule of interest greater than" that lawful in the State in which such bank may be located, " shall be held and adjudged a forfeiture of the entire interest which the note, bill, or other evidence carries with it, or which was agreed to be paid thereon ; and in case a greater interest has been paid,... | |
| United States. Congress. House - United States - 1877 - 1042 pages
...of Juno 3, 1864, (Revised Statutes, section 5198,) is of the entire interest which the note or bill carries with it, or which has been agreed to be paid thereon, when the rate knowingly received, reserved, or charged by a national bauk is in excess of that allowed... | |
| Austin Abbott - Civil procedure - 1878 - 592 pages
...the State or Territory, where the bank is located, and no more." . . "And the knowingly taking," &c., "a rate of interest greater than aforesaid shall be...adjudged a forfeiture of the entire interest, which the . . . evidence of debt carries with it, or which has been agreed to be paid thereon. And, in case a... | |
| Isaac Grant Thompson - National banks (U.S.) - 1878 - 1018 pages
...Such interest may be reserved or taken in advance. (5.) "Knowingly reserving, receiving, or charging a rate of interest greater than aforesaid shall be held and adjudged a forfeiture of the interest which the note, bill, or other evidence of debt, carries with it, or which has been agreed... | |
| United States - Banking law - 1878 - 308 pages
...taking, receiving, t^ln reserving, or charging a rate of interest greater than afore- interest. said shall be held and adjudged a forfeiture of the entire interest which the note, bill, or otber evidence of debt carries with it, or which has been agreed to be paid thereon. And in case a... | |
| United States. Supreme Court - Law reports, digests, etc - 1878 - 808 pages
...interest greater" than that "allowed by the iaws of the State or Territory where the bank is located," shall be " held and adjudged a forfeiture of the entire interest which the bill, note, or other evidence of debt carries with it, or which has been agreed to be paid thereon."... | |
| Law reports, digests, etc - 1879 - 632 pages
...where the bank is located, and Section 5198 provides that " knowingly taking, receiving, or charging a rate of interest greater than aforesaid, shall be...it, or which has been agreed to be paid thereon." Thus it will be seen that under the. Act of Congress no interest can be recovered upon a usurious contract,... | |
| North Carolina. Supreme Court - Law reports, digests, etc - 1879 - 696 pages
...knowingly done, shall be deemed a forfeiture of the entire interest which the note or JONES 0. CAMERON. other evidence of debt carries with it, or which has been agreed to be paid thereon." Acts 1876-77, ch. 91 § 3. Aside from the objection that the terms of the contract are controlled by... | |
| United States. Supreme Court - Law reports, digests, etc - 1879 - 696 pages
...banks created under it, declares: — " And the knowingly taking, 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, bill, or other evidence of debt carries with... | |
| Law reports, digests, etc - 1881 - 1900 pages
...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,...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 pleadings... | |
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