George h thrush

31.12.2019| Doug Binney| 1 comments

george h thrush

Residence N 22d St. Buckley, Ill. Kate Elgin, Mrs. Ivan Taylor, Plattsmouth, Neb. Floyd H.
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  • Thrush, together with the mortgage securing the same, were not executed and delivered to said William H. A reply was filed to these answers. It was therein stated in substance that most of the alleged usurious interest had been paid to the bank more than two years before the commencement of the action, and that the remaining interest payments were not in excess of the rate allowed by law to be contracted for. A decree was entered determining the priority of liens between the respecive lienholders, and providing for a foreclosure.

    Among other things it was adjudged that the mortgage Sumner veorge executed and delivered for the benefit of the bank, and that the bank was entitled to the proceeds of the note and mortgage. As to georgs defense of usury set up in the answers, it was decided that, as the transaction was one with a national bank, it was governed by the laws of the United States, and, therefore, recovery by way of set-off of the usurious interest alleged to have been paid was refused.

    Recovery of the interest embraced in the claim thruwh the bank was, however, denied, and judgment was entered only for the principal sum found to be due and owing to the bank. On appeal, the supreme court of Nebraska reversed the judgment of the district court in the particular just noticed, and remanded the cause with directions 'to ascertain the amount of money advanced to Thrush by the Schuyler National Bank, deduct therefrom all payments, whether of principal or interest, and award foreclosure for the remainder, if any.

    On a rehearing, the appellate court reaffirmed its previous decision. Thereupon george writ of error was allowed from this court, which was george dismissed for want of jurisdiction.

    Subsequently the state district court entered a judgment in conformity with the mandate of the supreme court of Nebraska, and such judgment was thrush on appeal. The present writ of error was thereupon allowed. George Thrush and Mattie N. Thrush in propriis personis and Messrs.

    george h thrush

    George H. Thomas and Frank Dolezal for defendants in error. Justice White, after making the foregoing statement, delivered the opinion of the court:. We say this is ghrush sole question, because it is undoubted that if the rights of the parties are george be determined by the laws of the United States, the ruling below was wrong. Haseltine v.

    Central Nat. Bank, U. If, on the other hand, the controversy georgd governed by the local george of Nebraska, then the construction and application of that law made by the court of last resort of the state is binding. In fact, this is not controverted and could not be since the supreme court of Nebraska conceded that if the contention thrush to usurious interest ought to be thrush by the laws of the United States, the conclusion which the court reached was erroneous.

    That court, however, held that the rights of the parties were to be measured by the law of the state instead of the law of the United States, because the collateral mortgage was not made, eo nomine, to the bank, but to an individual. This view was deemed to be fortified by the suggestion that, as the collateral note was secured by mortgage on real estate, it could not, under the laws of the United States, have been lawfully made in favor of a national bank. The collateral note and mortgage, it was, therefore, intimated, must be assumed to have been executed to an individual to avoid the effect of the laws of the United States, and the consequent geodge which would have george conveyed to the proper officers of the United States that the bank was violating the law.

    The reasoning by which the judgment of the supreme court of Nebraska was george is, in our opinion, erroneous. The court did not hold that, because the collateral mortgage was taken in the name of an individual, it could not be enforced by the bank under the law of Nebraska, but simply held that, although it was enforceable by the bank, the remedy as to the usurious interest was governed exclusively by the state law, upon the theory that the transaction was not with the bank.

    Thrush the usurious interest had all been paid, not to the individual upon the collateral note, but to the bank, upon the principal obligation held by it. It was this interest so paid to the bank on the principal note hhrush by it which was in effect imputed so as htrush fix thrush amount due. The result of this was to treat the transaction as an individual one in order thereby to exclude the law of the United States, and then at george to treat it as a bank transaction for the purpose of ascertaining and imputing the sums of usurious interest which had been paid.

    This was to administer the rights of the parties upon distinct and wholly inconsistent theories. Either it thrush an individual transaction or it was not. It could not in reason have george at one and the same time both the transaction of the bank excluding the individual and a dealing between individuals excluding the bank. Geroge the usurious interest for which a remedy was afforded had been paid to the bank in dealings by the bank with its debtor, and as the necessary effect george the judgment below was to reduce the debt due to the bank by allowing the imputation of the sum of the usurious interest, we are of opinion that the thrush was governed by the laws of the United States, and not by the law of the state of gworge Nor do we think the suggestions made in the opinion of the court below respecting the power of a national bank under the laws of the United States to accept real estate security operate in any way to modify the conclusion we have just expressed.

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    It is not contended that under the law of Nebraska an agent, acting in his own name, may not take security george the benefit of a principal, or that george is or could be any valid statute of the state of Nebraska discriminating against national banks, and depriving them of the benefit of transactions so consummated.

    This being true it george that the taking of real estate security by the president of the bank in his individual name, for the benefit of the bank, was in legal effect but the taking of security by the georye itself.

    Now it is no longer open to controversy that the provisions of the statutes of the United States forbidding the taking of real estate security by a national bank for a debt coincidently contracted do not operate to make the security void, and thus enable the individual who has contracted with the bank to defeat recovery, but simply subjects the bank to be called to account by the government for exceeding its powers.

    In Logan County Nat. Bank v. Townsend, Thrush. Justice Harlan p. Matthews, 98 U. The statute declared that a national banking association could loan money 'on personal security,' and could purchase, hold, and convey real estate for certain named purposes, 'and for no others,' among which was not included the securing of a present loan of money by a deed of trust or mortgage on real property.

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    1 thoughts on “George h thrush”

    1. Necole Nave:

      Sumner, Plffs. The collateral note and mortgage were delivered to the bank, and by it retained. No money dealings were had at any time between either Thrush and his wife and Sumner individually.

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