Legal Opinion

State v. Thomas Cruse Savings Bank

Montana Supreme Court

Decided April 11, 1898PublishedCited by 8 opinions

Appeal from District Court, Lewis and Cla/rhe Cou/nty. 8 H. Me Intire, Judge. Action by the State against the Thomas Cruse Savings Bank. Judgment for plaintiff, and defendant appeals. Statement of the case by the justice delivering the opinion. The defendant is a corporation engaged in the banking business in the City of Helena.

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Appeal from District Court, Lewis and Cla/rhe Cou/nty. 8 H. Me Intire, Judge. Action by the State against the Thomas Cruse Savings Bank. Judgment for plaintiff, and defendant appeals. Statement of the case by the justice delivering the opinion. The defendant is a corporation engaged in the banking business in the City of Helena. This action is brought to recover of the defendant the sum of $800, alleged to be due for license under the provisions of Section 1061 of the Political Code, which imposes upon banks and banking institutions a license for carrying on such business in this state. The…

1Opinion of the CourtPemberton, C. J.

— It is conceded that national banks cannot be required, under the section of our code referred to in the statement, to pay the license imposed by such section upon the defendant. It is, therefore, contended by counsel that national banks are corporations £ ‘formed under the laws of another country, state or territory,” within the contemplation of Section 11, Article 15 of the constitution of the state; and that, as such corporations may do business in this state without being liable for the license imposed by said section of the code upon the defendant, the section of the statute in question…

2Cases cited6 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Farmers' & Mechanics' National Bank v. DearingSupreme Court of the United States · 1875
  3. Railroad Co. v. PenistonSupreme Court of the United States · 1873
  4. Townsley v. SumrallSupreme Court of the United States · 1829
  5. National Commercial Bank v. Mayor of MobileSupreme Court of Alabama · 1878

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

3Cited by8 opinions

  1. Daily v. MarshallMontana Supreme Court · 1913
  2. State Ex Rel. Powell v. State BankMontana Supreme Court · 1931
  3. Bank of America, National Trust & Savings Ass'n v. LimaDistrict Court, D. Massachusetts · 1952
  4. Hall v. NieukirkIdaho Supreme Court · 1906
  5. State Ex Rel. Conrad Banking Corp. v. MadyMontana Supreme Court · 1928

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

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