Legal Opinion

Brown v. Schleier

Supreme Court of the United States

Decided April 4, 1904No. 188PublishedCited by 19 opinions

APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. This suit was brought by the predecessor of appellant in the Circuit Court of the United States for the District of Colorado to set aside a lease of certain lots in the city of Denver, Colorado, and the subsequent surrender and cancellation of said lease, as ultra vires of the power of the National Bank of Denver, and for an accounting, and that the amount found due on the accounting be decreed a prior lien…

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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. This suit was brought by the predecessor of appellant in the Circuit Court of the United States for the District of Colorado to set aside a lease of certain lots in the city of Denver, Colorado, and the subsequent surrender and cancellation of said lease, as ultra vires of the power of the National Bank of Denver, and for an accounting, and that the amount found due on the accounting be decreed a prior lien upon the lots and the building erected thereon by the bank.. The case was presented upon bill and demurrers. The demurrers'…

1Opinion of the Court

"'Mr. Justice McKenna,

after stating the case, delivered the opinion of the court.

The bill prayed for a decree declaring the lease between the bank and Schleier and the instruments surrendering and cancelling the same to be declared void and “ ultra vires of the acts of Congress of the United States in respect to the powers of national banks to acquire, own and hold real estate or to be or become indebted in the exercise of corporate powers, and that no title or right, legal or equitable, could be acquired under the same or either thereof by the said defendant Schleier to the said bank…

2Cited by19 opinions

  1. Coleman v. HageySupreme Court of Missouri · 1913
  2. Kramer v. BaltimoreCourt of Appeals of Maryland · 1934
  3. Fourth Nat. Bank of Nashville v. StahlmanTennessee Supreme Court · 1915
  4. Mosby v. Manhattan Oil Co.Court of Appeals for the Eighth Circuit · 1931
  5. Wirtz v. First National BankCourt of Appeals for the Tenth Circuit · 1966

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