Legal Opinion

Assaria State Bank v. Dolley

Supreme Court of the United States

Decided January 3, 1911No. 617PublishedCited by 30 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS. The facts are stated in the opinion. The so-called Bank Guaranty Law is not a regulation" of either banks or banking. It is a law creating an insuratíce scheme to be conducted by the State, and the expenses raised by general taxation. 27 Opin. Attorney , General, 272. The insurer is the State.

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS. The facts are stated in the opinion. The so-called Bank Guaranty Law is not a regulation" of either banks or banking. It is a law creating an insuratíce scheme to be conducted by the State, and the expenses raised by general taxation. 27 Opin. Attorney , General, 272. The insurer is the State. The fund for the payment of losses is derived5 from premiums paid by banks and the fund for the payment of expenses from general taxation. These expenses will ex-, ceed the amount of annual premiums paid by all banks. Session…

1Opinion of the CourtJustice Holmes

This is a bill in equity brought by many state banks of Kansas to prevent the enforcement of the Kansas law providing for a Bank Depositors’ Guaranty Fund. The defendants demurred. The Circuit Court, while holding the act unconstitutional, dismissed the bill on the ground that the appellants did not show that their rights under the Constitution were infringed, and therefore did not state a case within the jurisdiction of the court. 175 Fed. Rep. 365, 375, 381, 382; The ground of complaint was that the law imposed certain conditions upon sharing the benefits and burdens of contributors to the…

2Cited by30 opinions

  1. Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911
  2. Commonwealth v. RileyMassachusetts Supreme Judicial Court · 1912
  3. Abilene National Bank v. DolleySupreme Court of the United States · 1913
  4. Chevy Chase Savings & Loan, Inc. v. StateCourt of Appeals of Maryland · 1986
  5. Lowell Co-operative Bank v. Co-operative Central BankMassachusetts Supreme Judicial Court · 1934

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