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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 Laws of the State of New York Relating to Banks, Banking, Trust ... - Side 659
av Willis Seaver Paine - 1910 - 811 sider
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The South Western Reporter, Volum 9

1889 - 1050 sider
...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...
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The Southwestern Reporter, Volum 43

1898 - 1204 sider
...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.],...
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The Southwestern Reporter, Volum 15

1891 - 1266 sider
...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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The Southeastern Reporter, Volum 3

1888 - 964 sider
...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...
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Arkansas Reports: Cases Determined in the Supreme Court of the ..., Volum 138

Arkansas. Supreme Court - 1920 - 676 sider
...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,...
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The New York Supplement, Volum 132

1912 - 1268 sider
...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...
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The National-Bank Act and Other Laws Relating to National Banks, from the ...

United States - 1889 - 120 sider
...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...
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The Northwestern Reporter, Volum 40

1889 - 1240 sider
...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...
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National Bank Cases: Containing All Decisions of Both the Federal ..., Volum 3

Irving Browne - 1889 - 824 sider
...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...
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The Northwestern Reporter, Volum 46

1891 - 1266 sider
...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,...
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