Legal Opinion

Smith v. Phillips National Bank

Supreme Judicial Court of Maine

Decided December 28, 1915PublishedCited by 4 opinions

On report. This is a petition for writ of mandamus asking for the final determination of the question of law, whether petitioner is entitled as a matter of law to the issuance of a peremptory writ of mandamus as prayed for in said petition. The case is stated in the opinion.

1Opinion of the CourtSavage, C. J.

This is a petition for a writ of mandamus, and the case comes before this court on report. The petitioner was the owner of forty shares in the defendant bank. The original charter of the bank expired May 20, 1914, and the bank proceeded by amendment of its articles of association, under the provisions of the Act *298of Congress of July 12, 1882, to extend its period of succession for a term of not more than twenty years, and on May 21, 1914, the Comptroller of the Currency of the United States granted his certificate of approval of the extension.

By Section 5 of the Act referred to it is provided…

2Cases cited3 opinions

  1. West v. PlattMassachusetts Supreme Judicial Court · 1879
  2. Apsey v. WhittemoreMassachusetts Supreme Judicial Court · 1908
  3. Kimball v. ApseyCourt of Appeals for the First Circuit · 1908

3Cited by4 opinions

  1. Interstate Industrial Uniform Rental Service, Inc. v. Couri Pontiac, Inc.Supreme Judicial Court of Maine · 1976
  2. Pino v. Maplewood Packing Co.Supreme Judicial Court of Maine · 1977
  3. Avery v. MoffattNew York Supreme Court · 1945
  4. State v. BobbSupreme Judicial Court of Maine · 1942

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