First National Bank of Lake Benton, Minnesota v. Watt

By this action, which was commenced in a court of the state of Minnesota, recovery was sought from the First National Bank of Lake Benton, Minnesota, plaintiff in error here, of twice the amount of the entire interest which it was alleged had been paid to that bank by Watt, plaintiff below, who is the defendant in error on this record. The right to the relief was based on the averment that the bank had, in violation of the law of the United States, received from Watt usurious interest. The cause was tried to a jury and a verdict returned in favor of Watt. From an order denying a motion for a new trial an appeal was taken to the supreme court of the state of Minnesota, and that court affirmed the judgment. 76 Minn. 458, 79 N. W. 509. Upon the return of the record to the trial court, judgment was entered on the verdict of the jury. Another appeal was then taken and the judgment was affirmed. 79 Minn. 266, 82 N. W. 1118. The case was then brought to this court by writ of error.

Messrs. F. B. Kellogg and C. A. Severance for plaintiff in error.

Mr. F. L. Janes for defendant in error.

Mr. Justice White, after making the foregoing statement, delivered the opinion of the court: