 | 1891 - 1266 pages
...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,... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1891 - 960 pages
...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... | |
 | Jabez Gridley Sutherland - 1891 - 836 pages
...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... | |
 | Texas. Legislature. Senate - 1892 - 304 pages
...receiving, reserving or charging a rate of interest greater than lsallowed by the preceding article, when knowingly done, shall be deemed a forfeiture...paid thereon . . In case the greater rate of interest iiasbeen paid, the person by whom it bas been paid, or his legal representatives, may recover back... | |
 | 1892 - 634 pages
...United States, which provides that the taking, receiving, reserving, or charging usurious interest, when knowingly done, shall be deemed a forfeiture...with it, or which has been agreed to be paid thereon, a note or draft tainted with usury bears no interest, and none can be received from any person. The... | |
 | New York (State) - 1892 - 308 pages
...knowingly taking, receiving, reserving or charging a greater rate of interest 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. If a greater rate of interest has been paid, the person paying the same or his legal representatives... | |
 | North Carolina. Supreme Court - 1892 - 1048 pages
...to have the full measure of it as allowed by the statute (Tin Code, § 3836), which provides that " The taking, receiving, reserving or charging a rate...interest greater than is allowed by the preceding section (that fixing the rate of interest) when knowingly done, shall be deemed a forfeiture of the entire... | |
 | 1892 - 1106 pages
...the federal statute is not merely a forfeiture of the interest which has been agreed to be paid, but a forfeiture "of the entire interest which the note,...bill, or other evidence of debt carries with it." In other words, the reservation or acceptance of usury destroys the further interest-bearing capacity... | |
 | 1892 - 1166 pages
...provides that the "taking, receiving, or charging" a greater rate of interest than that allowed by law, when knowingly done, "shall be deemed a forfeiture of the entire interest" which " the debt carries with it, or which has been agreed to be paid thereon." Had the defendants excepted to... | |
 | Tennessee. Supreme Court - 1893 - 834 pages
...to the interest, shall not be considered as taking or receiving a greater rate of interest. " 5198. The taking, receiving, reserving, or charging a rate...be deemed a forfeiture of the entire interest which Bobo -'. People's National Bank. the note, bill, or other evidence of debt carries with it, or which... | |
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Interest (Sec. 0198). —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... 
