NATIONAL BANK OF NEWPORT v. RAND

No. 29.

10 F.2d 688 (1926)

NATIONAL BANK OF NEWPORT v. RAND.

Circuit Court of Appeals, Second Circuit.

February 1, 1926.


Attorney(s) appearing for the Case

John W. Redmond and Walter H. Cleary, both of Newport, Vt., for plaintiff in error.

A. W. Farman, of Newport, Vt., for defendant in error.

Before HOUGH, MANTON, and HAND, Circuit Judges.


HOUGH, Circuit Judge (after stating the facts as above).

The declaration avers that on or about November 1, 1919, the bank loaned Rand $10,400, "with interest at 6 per cent. per annum." On November 1, 1920, plaintiff paid all interest due and "renewed said note"; but "upon said renewed note the defendant knowingly reserved and charged a rate of interest exceeding" the lawful rate, viz. 7 per cent.

The plea avers that, before the said $10,400 was loaned to...

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