by John Marshall Harlan

“ A suit against a national bank to recover back twice the amount of interest illegally taken by it is a suit to recover a penalty incurred under a law of the United States; and it may be that, if the act of 1864 had been silent as to the courts which might take cognizance of such a suit, it must, at any time before the revision took effect, have been brought in the proper court of the United States. ”

“ This action was brought in the superior court of Cleveland county, N. C., by the defendant in error against the plaintiff in error, a national banking association, established at Charlotte, Mecklenburg county, in that state. It was based upon the provision of the Revised Statutes of the United States authorizing any person, paying to any such association a greater rate of interest than the law allows it knowingly to take, receive, reserve, or charge, to recover from it, in an action in the nature of an action of debt, twice the amount of the interest so paid. ”

“ By that act it was declared that associations formed pursuant to its provisions 'may make contracts, sue and be sued, complain and defend, in any court of law and equity, as fully as natural persons,' (section 8;) ”