Bruner v. Cit. Bank
Court of Appeals of Kentucky
CASH 39. — ACTION BY THE CITIZENS' BANK OF SHELBY-VILLE AGAINST BEN L. BRUNER, SECRETARY OF STATE TO DETERMINE WHETHER THE BANK HAS THE RIGHT TO ESTABLISH ONE OR MORE BRANCHES. — Appeal from Franklin Circuit Court. Judgment for plaintiff, defendant appeals. — We submit that the right to operate a branch bank not being conferred by statute, it is prohibited by implication. AUTHORITIES CITED. Ky.
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CASH 39. — ACTION BY THE CITIZENS' BANK OF SHELBY-VILLE AGAINST BEN L. BRUNER, SECRETARY OF STATE TO DETERMINE WHETHER THE BANK HAS THE RIGHT TO ESTABLISH ONE OR MORE BRANCHES. — Appeal from Franklin Circuit Court. Judgment for plaintiff, defendant appeals. — We submit that the right to operate a branch bank not being conferred by statute, it is prohibited by implication. AUTHORITIES CITED. Ky. Statutes Sec. 538, 567, 550 579, 582, 593, 619, 604, 587, Bank v. Tate, 122 N. C. 313; People v. Oakland County Bank, 1 Doug. (Mich.) 282; Zane on Banks and Banking, Sec. 24; Sections 5136, 5154, 5155,…
1Opinion of the Court
Opinion op the court by
Judge Carroll
— Reversing.
The question presented by this record is: Has a state bank the right to establish and maintain one or more branches?
The Citizens’ Bank of Shelbyville was incorporated by a special act of the Legislature of Kentucky before the adoption of the present Constitution. Its charter conferred upon it the right to establish a bank at Shelbyville, Ky., with the usual banking powers and privileges. After the adoption of the present Constitution it accepted its provisions, and became subject to the general banking laws of the state that will be hereafter…
2Cases cited1 opinion
- State ex rel. Goodsill v. WoodmanseeNorth Dakota Supreme Court · 1890
3Cited by7 opinions
- Marvin v. Kentucky Title Trust CompanyCourt of Appeals of Kentucky (pre-1976) · 1927
- Farmers & Mechanics Savings Bank of Minneapolis v. Dept. of CommerceSupreme Court of Minnesota · 1960
- Security Trust & Savings Bank v. Marion County Banking Co.Supreme Court of Alabama · 1971
- Austin S. & L. Ass'n v. First Nat. Bank of StewartvilleSupreme Court of Minnesota · 1965
- Opinion No., Texas Attorney General Reports1986
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