Legal Opinion

Merchants' Nat. Bank of Cincinnati v. Wehrmann

Supreme Court of the United States

Decided May 14, 1906No. 256PublishedCited by 26 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF OHIO. The facts are stated in the opinion. This’coürt has jurisdiction under a similar ruling in California Bank v. Kennedy, 167 U. S. 362. The ruling of the state court necessarily rested upon a contraction of the national bank act. The merits of this case are also covered by California Bank v. Kennedy. See also Central Transportation Co. v. Pullman Co., 139 U. S. 24; First Nat.

Read the full summary

ERROR TO THE SUPREME COURT OF THE STATE OF OHIO. The facts are stated in the opinion. This’coürt has jurisdiction under a similar ruling in California Bank v. Kennedy, 167 U. S. 362. The ruling of the state court necessarily rested upon a contraction of the national bank act. The merits of this case are also covered by California Bank v. Kennedy. See also Central Transportation Co. v. Pullman Co., 139 U. S. 24; First Nat. Bank v. Converse, '200 U. S. 425. There was no Federal question involved or raised at any stage of the action. It is not a.Federal question unless some privilege or immunity…

1Opinion of the CourtJustice Holmes

This is a bill for the dissolution of a partnership, a receiver and an account. The partnership was formed to purchase, improve, divide into lots and sell a leasehold. There’ were forty shares, in the firm, represented by transferable certificates. The plaintiff in error took nine of these shares as security for a debt, and afterwards became the owner of them in satisfaction of the debt, subject to the question whether the transaction was within the powers of a national bank. It was - ■ found at the trial that the partners- must contribute to pay the debts of the firm, and some of them being…

2Cases cited12 opinions

  1. California Bank v. KennedySupreme Court of the United States · 1897
  2. National Bank v. CaseSupreme Court of the United States · 1879
  3. Pauly v. State Loan & Trust Co.Supreme Court of the United States · 1897
  4. Scott v. DeweeseSupreme Court of the United States · 1901
  5. First Nat. Bank of Charlotte v. National Exchange Bank of BaltimoreSupreme Court of the United States · 1876

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

3Cited by26 opinions

  1. Awotin v. Atlas Exchange Nat. Bank of ChicagoSupreme Court of the United States · 1935
  2. Gallin v. National City BankNew York Supreme Court · 1934
  3. Fourth Nat. Bank of Nashville v. StahlmanTennessee Supreme Court · 1915
  4. In Re Kentucky Wagon Mfg. Co.District Court, W.D. Kentucky · 1932
  5. Paterson & Edey Lumber Co. v. Bank of MobileSupreme Court of Alabama · 1919

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API