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McCARTHY v. FIRST NATIONAL BANK

No. 122.

223 U.S. 493 (1912)

McCARTHY v. FIRST NATIONAL BANK OF RAPID CITY, SOUTH DAKOTA.

Supreme Court of United States.

Decided February 19, 1912.

Attorney(s) appearing for the Case

Mr. Hannis Taylor, with whom Mr. Charles W. Brown, Mr. John F. Schrader and Mr. Clarence L. Lewis were on the brief, for plaintiff in error.

Mr. Charles L. Buell, with whom Mr. A.K. Gardner was on the brief, for defendant in error.

MR. JUSTICE LAMAR, after making the foregoing statement, delivered the opinion of the court.

Section 5198 of the Revised Statutes, under which this suit was brought, provides that "taking, receiving, reserving, or charging" more than a lawful rate of interest, when knowingly done by a national bank, shall be deemed a forfeiture of the entire interest. In case a greater than the lawful...

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