Stephens v. Monongahela Bank

Citations

• 111 U.S. 197
• 4 S. Ct. 336
• 28 L. Ed. 399
• 1884 U.S. LEXIS 1774

Syllabus

<p>Pleading— Usury.</p> <p>The defence of another action pending can only be set up by plea in abatement, and the action below upon the plea is not subject to review. The dictum in Piquignot v. Pennsylvania Railroad, 16 How. 104, cited and approved. The remedy given by Bev. Stat. § 5198 for the recovery of usurious interest paid to a national bank is exclusive. Barnet v. National Bank, 98 U. S. 555 ; Farmers’ & Mechanics' Bank v. Bearing, 91 U. S. 29 ; and Briesbach v. National Bank, 104 U. S. 52, cited and approved.</p> <p>In an action by a national bank against a surety upon a note to recover the amount of the note, the surety has no right to have usurious interest paid by the principal in discounts and renewals of the note applied to the payment of the principal.</p>