Bly v. Second National Bank of Titusville
| Decision Date | 26 November 1875 |
| Citation | 79 Pa. 453 |
| Parties | Bly <I>versus</I> Second National Bank of Titusville. |
| Court | Pennsylvania Supreme Court |
Before SHARSWOOD, MERCUR, GORDON, PAXSON, and WOODWARD, JJ.
Error to the Court of Common Pleas of Venango county: Of October and November Term 1874, No. 266.
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Guthrie & Byles, for plaintiff in error.—The loan being prohibited was void, and the illegality could not be waived: Maybin v. Coulon, 4 Yeates 24; Bartlett v. Vinor, Carthew 252; Cope v. Rowlands, 2 M. & W. 149; Fowler v. Scully, 22 P. F. Smith 456; Coppell v. Hall, 7 Wallace 558; Bank of Pennsylvania's Estate, 10 P. F. Smith 471; Holt v. Green, 23 Id. 198; Mitchell v. Smith, 4 Dallas 269; Freeman v. Smith, 6 Casey 264; Fisher v. Bridges, 3 El. & B. 642. A subsequent contract which carries into effect an illegal contract, is itself illegal: Adams v. Rowan, 3 Sm. & M. 624; Coulter v. Robertson, 14 Id. 18; Smith v. Barstow, 2 Doug. 155; Gray v. Hook, 4 Comstock 449. If one part of a contract be void the whole is void: Crawford v. Morrell, 8 Johns. 253; Saratoga Bank v. King, 44 New York 87; Filson v. Himes, 5 Barr 452. The whole amount of interest was illegal. Under the Act of Congress of June 3d 1864, the taking of usurious interest by a national bank works a forfeiture of the whole interest: Lucas v. Government National Bank, 28 P. F. Smith 228; Brown v. Second National Bank of Erie, 22 Id. 209. R. Sherman, and M. C. Beebe, for defendant in error.—The inducements to Andrews to assume this debt do not appear in the affidavit: Swan v. Scott, 11 S. & R. 155. If an act in violation of law has been committed, a subsequent agreement entered into, which, though founded upon it, constituted no part of the original inducement, is valid: Thomas v. Brady, 10 Barr 164; 2 Kent's Comm. 597, 601; Armstrong v. Toler, 11 Wheaton 258; Broom's Maxins 547. As to the usury: Brown v. Second National Bank of Erie, supra; First National Bank of Mt. Joy v. Gish, 22 P. F. Smith 13.
Judgment was entered in the Supreme Court November 26th 1875, PER CURIAM.
The able opinion of the learned president of the court below upon the motion for judgment for want of a sufficient affidavit of defence, renders any discussion by us unnecessary. We affirm this judgment on that opinion. It may be added that as to the point of the illegality of the loan on the ground that the bank had violated its charter by loans to Garfield of more than ten per cent. of its entire capital, the recent case of O'Hare v. The Second National Bank — not yet reported — but which will be in 27 P. F. Smith 96, fully sustains the judgment below.
Judgment affirmed.
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