Legal Opinion

First National Bank v. Fellows Ex Rel. Union Trust Co.

Supreme Court of the United States

Decided June 11, 1917No. 764PublishedCited by 114 opinions

ERROR TO THE SUPREME COURT OP THE STATE OP MICHIGAN. The case involvés the validity of provisions in the Federal Reserve Bank Act authorizing national banks to act as trustees, etc., when allowed by the Reserve Board and not in contravention of state law; also the jurisdiction of the state court to determine the authority of such banks in proceedings akin to quo warranto. The case is stated in the opinion.

1Opinion of the CourtChief Justice White

We are of opinion that the procedure resorted to was appropriate and that the state court was competent to administer relief, but we postpone stating our reasons on the subject until the merits have been passed upon.

•The court below held that an act of Congress conferring on national banks additional powers was in excess of the authority of Congress and was hence repugnant to the Constitution. 192 Michigan, 640. The correctness of this conclusion is in substance the sole question for decision on the merits.

Although the powers given were new, the. principles involved in the right to confer…

2Cases cited10 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  3. Field v. ClarkSupreme Court of the United States · 1892
  4. United States v. GrimaudSupreme Court of the United States · 1911
  5. Buttfield v. StranahanSupreme Court of the United States · 1904

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3Cited by114 opinions

  1. United States v. ClassicSupreme Court of the United States · 1941
  2. Smith v. Kansas City Title & Trust Co.Supreme Court of the United States · 1921
  3. Johnson v. Manhattan Railway Co.Supreme Court of the United States · 1933
  4. Mercantile Nat. Bank at Dallas v. LangdeauSupreme Court of the United States · 1963
  5. Selective Draft Law CasesSupreme Court of the United States · 1918

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