| 1897 - 1116 pages
...by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire Interest, "and In case a greater rate of interest has been paid," the person paying it may recover tbe amount so paid, etc., the mere contracting for usury forfeits all interest,... | |
| 1898 - 562 pages
...no other construction of the statute, the court says, can effect be given to the clause forfeiting the entire interest which the note, bill or other evidence of debt carries, or which was agreed to be paid, but which has not actually been paid. Some attention was devoted by... | |
| 1874 - 626 pages
...expressly declares that the " knowingly taking a rate of interest greater than aforesaid, shall be held and adjudged a forfeiture of the entire interest which the note or other evidence of debt carries with it, or which has been agreed to be paid thereon." It therefore... | |
| 1875 - 788 pages
...knowingly taking, receiving, reserving, or charging a rate of interest greater than aforesaid, shall be held and adjudged a forfeiture of the entire interest...rate of interest has been paid, the person or persons paying the same, or their legal representatives, may recover back, in any action of debt, twice the... | |
| 1882 - 634 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,...with it, or which has been agreed to be paid thereon. In case the greater rate of interest has been paid, the person by whom it has been paid, or his legal... | |
| 1875 - 462 pages
...charging "a rate of interest greater than aforesaid shall be held and adjndged a forfeiture of the interest which the note, bill, or other evidence of...it, or which has been agreed to be paid thereon." (6.) If a greater rate has been paid, twice the amount so paid may be recovered back, provided suit... | |
| John Russell Hussey - 1876 - 562 pages
...knowingly taking, receiving, reserving, or charging a rate of interest greater than aforesaid shall be held and adjudged a forfeiture of the entire interest...rate of interest has been paid, the person or persons paying the same, or their legal representatives, may recover back, iri any action of debt twice the... | |
| 1876 - 642 pages
...wise: "And knowingly taking, receiving, or charging a rate of interest greater than aforesaid, shall be held and adjudged a forfeiture of the entire interest...it, or which has been agreed to be paid thereon." Rev. Stat. sec. 5,198. Observe, it is the entire interest which the bill or note carries with it that... | |
| William Lyman Fawcett - 1876 - 300 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,...with it, or which has been agreed to be paid thereon. In case the greater rate of interest has been paid, the person by whom it has been-paid, or his legal... | |
| United States. Supreme Court - 1876 - 802 pages
...The only forfeiture declared by the thirtieth section of the act of Jane 3, 1861 (13 Stat. 99), is of 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, or charged by a national bank is in excess of that allowed... | |
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