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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
Πλήρης προβολή - Σχετικά με αυτό το βιβλίο

Reports of Cases Argued and Decided in the Supreme Court of the ..., Βιβλίο 23

United States. Supreme Court - 1885 - 1074 σελίδες
...receiving, reserving or charging a rate of interest greater than aforesaid shall be held and adjudged a forfeiture of the entire interest which the note,...with it, or which has been agreed to be paid thereon. And, in case a greater rate of interest has been paid, the person or persons paying the same, or their...

The Northwestern Reporter, Τόμος 21

1885 - 1062 σελίδες
...contract. Can this view be sustained by authority? By section 5198 of the United States Revised Statutes, "the taking, receiving, reserving, or charging a rate...greater than is allowed by the preceding section, (that allowed by the local law,) when knowingly done, shall be deemed a forfeiture of the entire interest...

Journal of the Indiana State Senate ... of the General Assembly ..., Τόμοι 53-54

Indiana. General Assembly. Senate - 1885 - 1092 σελίδες
...: MR. PRESIDENT: I move to strike out all after the enacting clause and amend the following : That the taking, receiving, reserving, or charging a rate of interest greater than is allowed by law, when knowingly done by any person, corporation or association, shall be deemed a forfeiture of...

An Act to Establish a Civil Code: Jan. 14, 1885

New York (State). - 1885 - 422 σελίδες
...greater than six per centum per annum, there shall be forfeited the entire interest which the loan carries with it, or which has been agreed to be paid thereon, and the borrower may' recover back twice the amount of the interest actually paid, if an action to...

Atlantic Reporter, Τόμος 88

1914 - 1134 σελίδες
...the rate allowed by the laws of the state, and section 5198, declaring that the taking or charging of a rate of interest greater than is allowed by the preceding section shall forfeit the entire interest, and that if a greater rate of interest has been paid, the person...

The Southwestern Reporter, Τόμος 3

1887 - 1024 σελίδες
...Section 30 of the act of congress of 1864, which is section 5198 of the Revised Statutes, is as follows: "The taking, receiving, reserving, or charging a rate...carries with it, or which has been agreed to be paid. In case the greater rate of interest has been paid, the person by whom it has been paid, or his legal...

The Southwestern Reporter, Τόμος 9

1889 - 1048 σελίδες
...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, in case a greater rate of interest has been paid, the person or persons paying the same, or their...

The South Western Reporter, Τόμος 9

1889 - 1050 σελίδες
...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,...other evidence of debt carries with it, or which has buen agreed to be paid thereon; and, in case a greater rate of interest lias been paid, the person...

The Southwestern Reporter, Τόμος 43

1898 - 1204 σελίδες
...think no Injustice bas been done to appellant in that matter. Section 5198. Rev. St. US, provides: "The taking, receiving, reserving, or charging a>...interest greater than Is allowed by the preceding section [that Is, greater than allowed by the law of the state where a national bank may be established.],...

The Southwestern Reporter, Τόμος 15

1891 - 1266 σελίδες
...But the statute makes a banking association liable for the penalty sued for In this action only when "the taking, receiving, reserving, or charging a rate of interest greater than is allowed" thereby be knowingly done; and as the petition does not contain this allegation, which we regard indispensable,...




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