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FIRST NATIONAL BANK OF CHARLOTTE V. MORGAN, 132 U. S. 141 (1889)

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U.S. Supreme Court

First National Bank of Charlotte v. Morgan, 132 U.S. 141 (1889)

First National Bank of Charlotte v. Morgan

No. 50

Argued November 1, 1889

Decided November 11, 1889

132 U.S. 141

Syllabus

The exemption of national banks from suits in state courts in counties other than the county or city in which the association was located, granted by the Act of February 18, 1875, 18 Stat. 316, c. 80, was a personal privilege which could be waived by appearing to such a suit brought in another county, but in a court of the same dignity, and making defense without claiming the immunity granted by Congress.

The provision in the Act of July 12, 1882, 22 Stat. 163, c. 290, § 4, respecting snits by or against national banks, refers only to suits brought after the passage of that act.

A national bank was sued to recover interest alleged to have been usuriously exacted. The complaint which was sworn to January 13, 1883, charged that the usurious transactions took place

"after the 12th day of February, 1877, and before the commencement of this action, to-wit, on the 25th day of May, 1878, and at other times and dates subsequent thereto."

The defendant answered generally and set up the statute of limitations. The jury found that usurious interest had been taken during the two years next before the commencement of the action, and rendered a verdict for plaintiff, on which judgment was entered. The defendant moved in arrest of judgment, and also for a new trial, on the ground of a variance between the pleadings and proof. Held that although the complaint might have been more specific, enough was alleged to sustain the judgment.

The case is stated in the opinion.





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