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" 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 - Σελίδα 49
1902
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The Southeastern Reporter, Τόμος 3

1888 - 964 σελίδες
...payment as to subject the defendant to the penalty for usury under Code NC ¡5 3836, providing that "the taking, receiving, reserving, or charging a rate of interest greater than is allowed * » • shall be deemed a forfeiture of the entire interest, • • ». and the person by whom it...

Arkansas Reports: Cases Determined in the Supreme Court of the ..., Τόμος 138

Arkansas. Supreme Court - 1920 - 676 σελίδες
...allowed, and it is provided that charging a rate of interest in excess of ten per centum per annum "shall be deemed a forfeiture of the entire interest...it, or which has been agreed to be paid thereon." Constitution of Oklahoma, article 14, sections 2 and 3; Revised Laws of Oklahoma (1910), volume 1,...

The New York Supplement, Τόμος 132

1912 - 1268 σελίδες
...of interest shall be held and adjudged a forfeiture of the entire interest which the note, bill or evidence of debt carries with it, or which has been agreed to be paid thereon. If a greater rate of interest has been paid, the person paying the same or his legal representatives...

The National-Bank Act and Other Laws Relating to National Banks, from the ...

United States - 1889 - 120 σελίδες
...for t»kins; и»шioи» ing a rate of interest greater than is allowed by the preced- imerest. ing section, when knowingly done, shall be deemed a forfeiture...of debt carries with it, or which has been agreed t>> bo paid thereon. In case the greater rate of interest has been paid, the person by whom it has...

The Northwestern Reporter, Τόμος 40

1889 - 1240 σελίδες
...the Revised Statutes of the United States, to recover from national banks the penalty for knowingly taking, receiving, reserving, or charging a rate of interest greater than is allowed by law. ' 3. SAME — USURIOUS DISCOUNT. Where the usurious interest is discounted from the face of the...

National Bank Cases: Containing All Decisions of Both the Federal ..., Τόμος 3

Irving Browne - 1889 - 824 σελίδες
...insist upon. When an action is brought to recover a penalty under sections 5197 and 5198 U. SRS , for taking, receiving, reserving or charging a rate of interest greater than is allowed by law, it is necessary to allege in the petition that the act was "knowingly done." An action to recover...

The Northwestern Reporter, Τόμος 46

1891 - 1266 σελίδες
...Section 5198 of the Revised Statutes of the united States provides that " the taking, receiving, or reserving, or charging a rate of interest greater...paid thereon. In case the greater rate of interest baa been paid, the person by whom it has been paid, or his legal representatives, may recover back,...

Reports of Cases in the Supreme Court of Nebraska, Τόμος 30

Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1891 - 960 σελίδες
...Section 5198 of the Revised Statutes of the United States provides "That the taking, receiving, or reserving or charging a rate of interest greater than...evidence of debt carries with it, or which has been Htll v. Bank. agreed to he paid thereon. In case the greater rate of interest has heen paid, the person...

Statutes and Statutory Construction: Including a Discussion of Legislative ...

Jabez Gridley Sutherland - 1891 - 836 σελίδες
...law. This was held erroneous ; section 30 prescribes the exclusive and uniform penalty — that is, the entire interest which the note, bill or other...with it, or which has been agreed to be paid thereon, when the rate knowingly received, reserved and charged by a national bank is in excess of that allowed...

Federal Farm Loan Act, with Amendments and Farm Mortgage and Farm Credit Acts

United States - 1966 - 376 σελίδες
...debt, interest at the rate allowed by the laws of the State in which such corporation is located. (b) The taking, receiving, reserving, or charging a rate of interest greater than is allowed by subdivision (a),_ when knowingly done, shall be deemed a forfeiture of the entire interest which the...




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