← All Authorities
United States Leading Case banking and financechoice of law

Marquette National Bank of Minneapolis v First of Omaha Service Corp

439 US 299 (1978)
JurisdictionUnited States
CourtUS Supreme Court
Year1978
StatusBinding authority

Summary

Under the National Bank Act, a national bank may charge interest at the rate allowed by its home state, irrespective of the borrower's state usury laws.

Key Principle

Under the National Bank Act, a national bank may charge interest at the rate allowed by the state where it is located, regardless of the usury laws of the state where the borrower resides.

Area of Law

banking

Related Cases

Westpac Banking Corporation v Lenthall (2019) 272 CLR 1

A bank owes a duty of care to guarantors to take reasonable steps to ensure they understand the nature and effect of the guarantee under the Code of Banking Practice.

AUSTRAC v Commonwealth Bank of Australia [2018] FCA 930

CBA liable for systemic AML/CTF Act contraventions including failure to report suspicious matters and threshold transactions via intelligent deposit machines, resulting in $700 million civil penalty.

Paciocco v ANZ Banking Group Ltd (Full Federal Court) (2015) 236 FCR 199

Full Federal Court held that bank late payment fees were not penalties or unconscionable under consumer protection law as they bore a genuine pre-estimate of loss or legitimate commercial interest.

Ask CommonBench about this case

Get a detailed analysis of Marquette National Bank of Minneapolis v First of Omaha Service Corp and how it applies to your situation.

Explain Marquette National Bank of Min...