Nash v. White's Bank — 8 N.Y. St. Rep. 31

Majority

p. 31

Samuel W. Nash, Resp't, v. White's Bank of Buffalo, App'lt. Samuel W. Nash, Resp't, v. The Manufacturers and Traders Bank, App'lt.^[1]

(Court of Appeals,

Filed April 19, 1887.)

Headnote

Banks and Banking—Usury—Laws 1870, chap. 163, repealed by laws 1880, chap. 567

The effect of chapter 567, Laws 1880, was to repeal the penalties imposed by chapter 163 Laws 1870, on banks for taking more than seven per cent dividend, so that an action brought under the act of 1870, can no longer be maintained.

These actions were commenced in October, 1873, to recover penalties‘given by chapter 163, Laws 1870, for taking illegal rates of interest. The first section of the act provided that “ every banking association, * * * is hereby authorized to take, receive, reserve and charge, on every loan or discount made, or upon any note, bill of exchange or other evidences of debt, interest at the rate of seven per cent per annum, * * * and in case a greater rate of interest has been paid, the person * * * paying the same * * * may recover back twice the amount of the interest thus paid from the association taking or receiving the same.”

The complaints in each of the actions contained 274-counts, each charging that plaintiff presented to the defendant a promissory note for account, and that defendant discounted it ‘ ‘at a greater rate of interest than seven per cent per annum (specifying amount, etc.), in violation of the provisions of the statute referred to.” Chapter' 567 of the Laws of 1880 amended the first section of the act of 1870, in the words: “is hereby amended so as to read as follows,” merely substituting six in place of seven.

Sherman S. Rogers, for app’lts; Joel L. Walker, for resp’ts.

We are of opinion that the effect of the •act of 1880 (chapter 567), was to repeal the penalties imposed by chapter 163 of the Laws of 1870, and that consequently this Action, which was brought under the act of 1870, could no longer be maintained; the act of 1880 containing no provision saving pending actions or existing rights of action. The provisions of the general repealing act of 1828 (sections 6 and 7), related only to the acts repealed by that statute, and had no effect on subsequent legislation. Mongeon v. People, 55 N. Y., 613 . If the act of 1870 was repealed by the act of 1880, the subsequent legislation cannot affect this case, for it could not revive an extinguished cause of action.

The judgment must be reversed, and complaint dismissed.

All concur except Danforth, J., not voting.