The charge of usury must always be that the act was done knowingly,1 but a corrupt intent need not be averred in the answer if facts equivalent thereto are pleaded.2 The person to set up the usury must be one covered by the statute. Under the statute giving the right to legal representatives, the executor or administrator of a decedent and the receiver of a corporation 3 would be entitled, as well as, perhaps, an indorsee of a bill of exchange,4 an assignee for creditors,8 but not a

1 Oneida Bank v. Ontario Bank, 21 N. Y. 490.

2 Danforth v. Nat. State Bank, 48 Fed. R 271, 3 U. S. App. 7. This rule would apply to any person not a bona fide holder.

3 Union Nat. Bank v. Louisville R. Co., 145 111. 208; In re Weed, 11 Blatch. 24a

4 Cadiz Bank v. Slemmons, 34 Ohio St 142.

5 Bly v. Second Nat Bank, 79 Pa. 453

1 Schuyler Nat Bank v. Bollong, 24 Neb. 821. For sufficiency of pleading, see Guild v. First Nat

Bank, 4 S. Dak. 566; Morgan v. First Nat. Bank, 93 N. C. 352.

2 National Bank v. Orcutt, 48 Barb. 256.

3Barbons v. Nat Ex. Bank, 45 Ohio St 133.

4 Barnett v. National Bank, Fed. Cas. No. 1026, is wrong. The correct rule was stated in National Bank v. Lewis, 75 N. Y. 516, 81N. Y. 15, and Cake v. First Nat Bank, 86 Pa. 303. -

5Osborn v. First Nat. Bank, 175 Pa. 494. This case is opposed to the weight of authority, which gives the rule stated in the text Wright judgment creditor.6 One joint maker cannot recover the usurious interest where it was paid by the other joint maker;7 but if the plaintiff be the actual and beneficial owner, the fact that the joint maker is suing will not affect the recovery.8 Suits either to recover usurious interest paid, or where the reservation of usurious interest is set up as a defense, must be entertained by the state courts,9 as well as by the courts of the United States, if they have jurisdiction; but in order to obtain a review in the Supreme Court of the United States of a case in the state courts, the right of the national bank under the statute to charge a certain rate of interest must be specially set up or claimed in the state courts.10