Legal Opinion

Third Nat. Bank of St. Louis v. Harrison

U.S. Circuit Court for the District of Eastern Missouri

Decided September 22, 1881PublishedCited by 6 opinions

This is an action brought by the plaintiff, a corporation organized under the national banking act, against the defendants to recover judgment upon a certain promissory note executed by the defendant Harrison to his co-defendant Alexander, and by the latter assigned to the plaintiff.

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This is an action brought by the plaintiff, a corporation organized under the national banking act, against the defendants to recover judgment upon a certain promissory note executed by the defendant Harrison to his co-defendant Alexander, and by the latter assigned to the plaintiff. The plaintiff is a national bank,, located in the city of St. Louis, Missouri, and the defendants are citizens of the state of Missouri, the defendant Harrison being a citizen of the western district thereof. Upon these facts the defendant Harrison moves to dismiss the cause for want of jurisdiction.

1Opinion of the Court

McCrary, C. L,

{orally.) It is insisted by counsel for defendant —First, that this court has no jurisdiction in the case under the act of congress, approved March 3, 1875, entitled “An act to determine the jurisdiction of the circuit courts of the United States, and to regulate the removal of causes from the state courts, and for other purposes, ” which act, it is insisted, repeals all prior acts upon the subject of the jurisdiction of the circuit courts, including the provision *722authorizing suits therein by national banks. I am of the opinion that the jurisdiction-in this case cannot he…

2Cases cited3 opinions

  1. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  2. Bank of Bethel v. Pahquioque BankSupreme Court of the United States · 1872
  3. First Nat. Bank of Omaha v. Douglas CountyU.S. Circuit Court for the District of Nebraska · 1873

3Cited by6 opinions

  1. Westinghouse Air-Brake Co. v. Great Northern Ry. Co.Court of Appeals for the Second Circuit · 1898
  2. United States v. MooneySupreme Court of the United States · 1885
  3. King v. McLean Asylum of the Massachusetts General HospitalCourt of Appeals for the First Circuit · 1894
  4. Lewis Blind Stitch Co. v. Arbetter Felling Mach. Co.U.S. Circuit Court for the Northern District of Illnois · 1910
  5. Doscher v. United States Pipe Line Co.District Court, E.D. Pennsylvania · 1911

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