TIFFANY v. NATIONAL BANK OF MISSOURI


85 U.S. 409 (1873)

18 Wall. 409

TIFFANY v. NATIONAL BANK OF MISSOURI.

Supreme Court of United States.


Attorney(s) appearing for the Case

Mr. S. Knox, for the appellant; Mr. J.O. Broadhead, contra.


Mr. Justice STRONG delivered the opinion of the court.

In an action like the present, brought to recover that which is substantially a statutory penalty, the statute must receive a strict, that is, a literal construction. The defendant is not to be subjected to a penalty unless the words of the statute plainly impose it. The question, therefore, is whether the thirtieth section of the act of Congress of June 3d, 1864, relative to National banking associations, clearly...

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