Legal Opinion
Security Mills of Asheville, Inc. v. Wachovia Bank & Trust Co.
Supreme Court of North Carolina
Decided June 16, 1972No. 102PublishedCited by 13 opinions
1Opinion of the Court
LAKE, Justice.
The venue of suits against national banks is governed by 12 USC § 94, which provides:
“Actions and proceedings against any association under this chapter may be had in any district or Territorial Court of the United States held within the district, in which such association may be established, or in any State, county, or municipal court in the county or city in which said association is located having jurisdiction in similar cases.” (Emphasis added.)
It is now settled that this statute is mandatory, not permissive as was supposed by this Court in Curlee v. National Bank, 187 N.C.…
2Cases cited18 opinions
- Mercantile Nat. Bank at Dallas v. LangdeauSupreme Court of the United States · 1963
- First Nat. Bank of Charlotte v. MorganSupreme Court of the United States · 1889
- Casey v. AdamsSupreme Court of the United States · 1880
- Michigan National Bank v. RobertsonSupreme Court of the United States · 1963
- Leonardi v. Chase Nat. Bank of City of New YorkCourt of Appeals for the Second Circuit · 1936
13 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Citizens & Southern National Bank v. BougasSupreme Court of the United States · 1977
- Enoch v. InmanCourt of Appeals of North Carolina · 2004
- Hill v. StubHub, Inc.Court of Appeals of North Carolina · 2012
- First Nat. Bank of Arizona v. CarruthCourt of Appeals of Arizona · 1977
- Holson v. GosnellSupreme Court of South Carolina · 1975
8 more not listed; retrieve them via the Exa API.