Legal Opinion

Thomas v. President of the Farmers' Bank

Court of Appeals of Maryland

Decided March 1, 1877PublishedCited by 10 opinions

Appeal from the Circuit Court for St. Mary’s County. The case is stated in the opinion of the Court. The Act of Congress creating the National Banks was a valid exercise of power; they derive all their rights from the National Legislature, and the State Legislatures can neither add to nor subtract from these rights. Farmers’ Natl.

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Appeal from the Circuit Court for St. Mary’s County. The case is stated in the opinion of the Court. The Act of Congress creating the National Banks was a valid exercise of power; they derive all their rights from the National Legislature, and the State Legislatures can neither add to nor subtract from these rights. Farmers’ Natl. Bank vs. Dealing, 91 S. G. Rep., 29. We must, therefore, look exclusively to the Acts of Congress establishing National Banks, to ascertain their rights, powers and privileges. It would certainly he an anomaly, for a corporation to derive part of the powers…

1Opinion of the CourtAlvey, J.

The Farmers’ Bank of Maryland recovered judgment in' the Circuit Court for St. Mary’s County in 1864, for $1250, against Henry W. Thomas and others. After the recovery of this judgment, the hank was converted into a national hanking association, under the provisions of the Act of Congress, entitled “ An Act to provide a national currency,” &c., approved June 3rd, 1864, (U. S. R.-St., sec. 5154, p. 1002,) with the name and title of “ The Farmers’ National Bank of Annapolis.” In addition to the authority for the conversion contained in the currency Act, to which we have referred, the…

2Cases cited2 opinions

  1. National Bank v. CommonwealthSupreme Court of the United States · 1870
  2. Mayfield v. KilgourCourt of Appeals of Maryland · 1869

3Cited by10 opinions

  1. Middletown Trust Co. v. Middletown National BankSupreme Court of Connecticut · 1929
  2. Lang v. WilmerCourt of Appeals of Maryland · 1917
  3. Horsey v. ChewCourt of Appeals of Maryland · 1886
  4. Gephart v. TaylorCourt of Appeals of Maryland · 1914
  5. Bish v. WilliarCourt of Appeals of Maryland · 1883

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