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,... Albany Law Journal - Seite 3241870Vollansicht - Über dieses Buch
| 1889 - 1240 Seiten
...and no more," except, etc. The penalty under the act of 1864, for charging illegal interest, is "the forfeiture of the entire interest which the note,...or which has been agreed to be paid thereon;" and, where the greater rate of interest bus been paid, twice the amount thereof may be recovered back by... | |
| United States - 1889 - 120 Seiten
...interest greater than is allowed by the preced- imerest. ing section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note,...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... | |
| 1891 - 1266 Seiten
...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 baa been paid, the person by whom it has been paid, or his legal... | |
| Jabez Gridley Sutherland - 1891 - 836 Seiten
...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... | |
| Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1891 - 960 Seiten
...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,...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... | |
| 1892 - 634 Seiten
...maturity was recoverable. The statutory forfeiture is not of part of the interest, but all of it. " The entire interest which the note, bill, or other...it, or which has been agreed to be paid thereon," is comprehensive language. It would be difficult to employ broader terms. The legislative intent, we... | |
| 1892 - 1106 Seiten
...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... | |
| New York (State) - 1892 - 308 Seiten
...or other evidence of debt has to run. The knowingly taking, receiving, reserving or charging a rate of interest greater than aforesaid shall be held and...adjudged a forfeiture of the entire interest which the ncte, bill or other evidence of debt carries with it, or which has been agreed to be paid thereon;... | |
| North Carolina. Supreme Court - 1892 - 1048 Seiten
...interest) when knowingly done, shall be deemed a forfeiture of the entire interest which the note, or other evidence of debt carries with it, or which has been agreed to be pai" thereon." And such defence may be alleged and proven m this and like actions to recover judgment... | |
| 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 Seiten
...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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