Commonwealth v. Commercial Bank
Supreme Court of Pennsylvania
This was a motion to quash a writ of quo warranto issued out of this court, at the relation of the Attorney-General against the. Commercial Bank of Pennsylvania.
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This was a motion to quash a writ of quo warranto issued out of this court, at the relation of the Attorney-General against the. Commercial Bank of Pennsylvania. The information upon which the writ had issued charged that the bank had been incorporated by an Act of Assembly passed 21st March, 1814; that in and by said act it was expressly enacted and declared to be a fundamental article of said corporation, that the rate of discount at which loans might be made by the said corporation should not exceed one-half of one per centum for thirty days; that in and by said act it was also expressly…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, C. J.
A writ of quo warranto having issued against the Commercial Bank, upon a suggestion filed by the attorney-general, alleging that the bank had forfeited its charter by certain acts of misuser, the present motion was made to quash the writ. A number of reasons have been assigned in support of the motion, but they may be resolved into two. One goes to the formal defects in the manner of setting forth the complaint; the other to the merits, and raises the question, whether the acts complained of are sufficient to entitle the Commonwealth to…
2Cases cited1 opinion
- TERRETT & OTHERS v. Taylor & OthersSupreme Court of the United States · 1815
3Cited by12 opinions
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- State ex rel. Fullerton v. Des Moines City RailwaySupreme Court of Iowa · 1906
- Commonwealth Ex Rel. Kelley v. KeiserSupreme Court of Pennsylvania · 1940
- Com. Ex Rel. v. Seventh Day BaptistsSupreme Court of Pennsylvania · 1934
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