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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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Reports of Cases in the Supreme Court of Nebraska, Volum 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 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 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...
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Statutes and Statutory Construction: Including a Discussion of Legislative ...

Jabez Gridley Sutherland - 1891 - 836 sider
...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...
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Journal

Texas. Legislature. Senate - 1892 - 304 sider
...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...
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Weekly Notes of Cases Argued and Determined in the Supreme Court ..., Volum 29

1892 - 634 sider
...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...
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The General Banking Laws of the State of New York: Including the Banking Law ...

New York (State) - 1892 - 308 sider
...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...
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The New York Supplement, Volum 16

1892 - 1106 sider
...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...
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North Carolina Reports: Cases Argued and Determined in the ..., Volum 109

North Carolina. Supreme Court - 1892 - 1048 sider
...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...
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The Southeastern Reporter, Volum 13

1892 - 1166 sider
...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...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volum 92

Tennessee. Supreme Court - 1893 - 836 sider
...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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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volum 32

Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - 1912 - 938 sider
...wherein usurious interest has been taken, received, reserved, or charged, in which case there shall be "a forfeiture of the entire interest which the note,...carries with it, or which has been agreed to be paid thereon'1 ; second, in case usurious interest has been paid, the person paying it may recover back...
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