Field v. Fidelity Union Trust Co.

The fundamental question presented by this appeal is of such general importance that I am constrained to state the reasons for my disagreement with the majority.

When Swift v. Tyson, 16 Pet. 1, 10 L.Ed. 865, was overruled by Erie Railroad Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L. Ed. 1188, 114 A.L.R. 1487, and Section 34 of the Judiciary Act of 17891 was held to refer to the common law of a State as well as to its statute law, the Supreme Court made plain that it is the law of a State, as declared by the authority of the State (legislative and judicial) which is binding on a federal…