Cooke v. State National Bank of Boston
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff entered on a verdict. (Reported below, 50 Barb., 339; 1 Bans,, 494.) This action was brought upon a check drawn by the defendants, Mellen, Ward & Carter, under their firm name of Mellen, Ward & Co., upon the defendant, the State National Bank, and certified by the cashier oí said bank.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff entered on a verdict. (Reported below, 50 Barb., 339; 1 Bans,, 494.) This action was brought upon a check drawn by the defendants, Mellen, Ward & Carter, under their firm name of Mellen, Ward & Co., upon the defendant, the State National Bank, and certified by the cashier oí said bank. The plaintiff was, at the time of the commencement of the action, a citizen and resident of the State of New York, and was then a member of the firm of Jay Cooke & Co., of…
1Opinion of the Court
Chuboh, Ch. J.
The jurisdiction of the State court is denied upon two grounds: 1. That the national currency act of congress prohibited original jurisdiction, and 2. That the cause has been removed from the State to the federal courts.
The alleged prohibitory statute is the fifty-seventh section of the aforesaid act. 13 Stat. at Large, p. 99, and provides: “ That suits, actions and proceedings against any association under this act may be had in any circuit, district or territorial courts held within the district in which such association may be established, or in any State, county or municipal…
2Cases cited8 opinions
- Strawbridge v. CurtissSupreme Court of the United States · 1806
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Louisville, Cincinnati, & Charleston Rail-Road v. LetsonSupreme Court of the United States · 1844
- Wormley v. WormleySupreme Court of the United States · 1823
- Ohio & Mississippi Railroad v. WheelerSupreme Court of the United States · 1862
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3Cited by7 opinions
- Cory v. CarterIndiana Supreme Court · 1874
- Apollinaris Co. v. VenableNew York Court of Appeals · 1892
- Williams v. Conover, New York County Courts1911
- New York Life Insurance v. MayerNew York Court of Common Pleas · 1887
- O'Rourke v. LongNew York Court of Appeals · 1976
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