Legal Opinion

Ulmer v. Fulton, Supt.

Ohio Supreme Court

Decided April 24, 1935No. 24996 and 24997PublishedCited by 59 opinions

1Opinion of the CourtZimmerman, J.

Did the bank possess power and authority to create trusts of the kind here involved?

It is a prevailing rule, in Ohio and elsewhere, that banks and trust companies, though organized primarily for private profit, are of a preeminently public nature and have only such powers as are expressly conferred on them by their charters and by statute, of such as may fairly be implied from those expressly given. 5 Ohio Jurisprudence, 363, Section 73; 3 Ruling Case Law, 419, Section 46; 7 Corpus Juris, 585, Section 213; 4 Michie on Banks and Banking, 8, Section 5; 2 Morse on Banks & Banking (6 Ed.), 1557,…

2Cases cited9 opinions

  1. Bigelow v. Old Dominion Copper Mining & Smelting Co.Supreme Court of the United States · 1912
  2. Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
  3. Texas & Pacific Railway Co. v. PottorffSupreme Court of the United States · 1934
  4. In re the Judicial Settlement of the Account of the Long Island Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1904
  5. St. Paul Trust Co. v. StrongSupreme Court of Minnesota · 1901

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

3Cited by59 opinions

  1. Peterson v. TeodosioOhio Supreme Court · 1973
  2. Booth v. Vaughan (In Re Booth)Bankruptcy Appellate Panel of the Sixth Circuit · 2001
  3. State Ex Rel. Stanley v. CookOhio Supreme Court · 1946
  4. In Re Estate of BinderOhio Supreme Court · 1940
  5. National City Bank v. SquireOhio Supreme Court · 1941

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

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