Legal Opinion

Dutton v. Citizens' National Bank

Supreme Court of Kansas

Decided January 15, 1894PublishedCited by 13 opinions

Error from Cloud District Court. The amended petition in this case alleges that the plaintiff is a corporation formed under the laws of the United States, engaged in the business of banking, at Concordia; that the authorized capital stock is $100,000, divided into 1,000 shares of $100 each, 96 of which are paid in full; that the defendant is county clerk of Cloud county; that on the first Monday of March, 1893, the assessors of the various townships and cities of Cloud…

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Error from Cloud District Court. The amended petition in this case alleges that the plaintiff is a corporation formed under the laws of the United States, engaged in the business of banking, at Concordia; that the authorized capital stock is $100,000, divided into 1,000 shares of $100 each, 96 of which are paid in full; that the defendant is county clerk of Cloud county; that on the first Monday of March, 1893, the assessors of the various townships and cities of Cloud county agreed among themselves to assess taxable property at one-third of its real value; that on thfe 9th day of May, J. W.…

1Opinion of the Court

The opinion of the court was delivered by

AlXjEN, J.:

The principal question in this case is as to the right of the holder of stock in a national bank to deduct his indebtedness from the value of the stock, where he has no other credits from which such deduction can be made. In support of this contention two claims are made: (1) That the term “credit,” as defined in ¶ 6847, includes stock in a national bank; (2) that §5219 of the Revised Statutes of the United States prohibits taxation of national-bank shares at a greater rate than other moneyed capital in the hands of the individual citizens…

2Cases cited13 opinions

  1. Mercantile Bank v. New YorkSupreme Court of the United States · 1887
  2. Supervisors v. StanleySupreme Court of the United States · 1882
  3. People v. WeaverSupreme Court of the United States · 1880
  4. Hepburn v. The School DirectorsSupreme Court of the United States · 1875
  5. Boyer v. BoyerSupreme Court of the United States · 1885

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3Cited by13 opinions

  1. Bunten v. Rock Springs Grazing Ass'nWyoming Supreme Court · 1923
  2. Voran v. WrightSupreme Court of Kansas · 1930
  3. Voran v. WrightSupreme Court of Kansas · 1929
  4. Cole v. FortoCourt of Appeals of Texas · 1913
  5. Morril v. BentleySupreme Court of Iowa · 1911

8 more not listed; retrieve them via the Exa API.

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