Bank of Owensboro v. Western Bank
Court of Appeals of Kentucky
Case 65 — PETITION ORDINARY APPEAL PROM JEFFERSON COMMON PLEAS COURT. 1. The issue of ultra vires — that is, whether or not the Western Bank exceeded its power in making the loan for the appellant — was not raised in the pleadings in the court below, and can not be considered by this court. That banking corporations may have powers not expressed in their charters, but incidental thereto, is clearly shown by the cases relied on by counsel for appellees.
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Case 65 — PETITION ORDINARY APPEAL PROM JEFFERSON COMMON PLEAS COURT. 1. The issue of ultra vires — that is, whether or not the Western Bank exceeded its power in making the loan for the appellant — was not raised in the pleadings in the court below, and can not be considered by this court. That banking corporations may have powers not expressed in their charters, but incidental thereto, is clearly shown by the cases relied on by counsel for appellees. (See also Foster, &c. v. Essex Bank, 17 Mass. 479.) If this court can determine without proof what powers are incidental to the grant of…
1Opinion
To THE PETITION OE COUNSEL EOR APPELLEE EOR A REHEARING,
Judge Coeer
delivered the eollowing ' response oe the court:'
We have carefully re-examined the grounds upon which the opinion already delivered herein is based, and the authorities relied on by the learned counsel for the appellee to show that the conclusion then reached was erroneous, but have failed to detect any error in the reasoning by which we reached *537that conclusion, or any conflict between the opinion and the cases cited by counsel. ¥e have, however, concluded that one portion of the opinion was not necessary to a decision of this…
2Cases cited4 opinions
- Cairnes v. BleeckerNew York Supreme Court · 1815
- Pickett v. PearsonsSupreme Court of Vermont · 1845
- Hanks v. DrakeNew York Supreme Court · 1867
- Keith v. KreidelWashington Supreme Court · 1892