Legal Opinion

Bank of Owensboro v. Western Bank

Court of Appeals of Kentucky

Decided December 18, 1877PublishedCited by 11 opinions

Case 65 — PETITION ORDINARY APPEAL PROM JEFFERSON COMMON PLEAS COURT. 1. The issue of ultra vires — that is, whether or not the Western Bank exceeded its power in making the loan for the appellant — was not raised in the pleadings in the court below, and can not be considered by this court. That banking corporations may have powers not expressed in their charters, but incidental thereto, is clearly shown by the cases relied on by counsel for appellees.

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Case 65 — PETITION ORDINARY APPEAL PROM JEFFERSON COMMON PLEAS COURT. 1. The issue of ultra vires — that is, whether or not the Western Bank exceeded its power in making the loan for the appellant — was not raised in the pleadings in the court below, and can not be considered by this court. That banking corporations may have powers not expressed in their charters, but incidental thereto, is clearly shown by the cases relied on by counsel for appellees. (See also Foster, &c. v. Essex Bank, 17 Mass. 479.) If this court can determine without proof what powers are incidental to the grant of…

1Opinion of the Court

JUDGE GOFER

delivered the opinion óp the court.

The appellant and appellee are both incorporated state banks, •doing a general banking business, the former in Owensboro, and the latter in Louisville.

July 17, 1872, the appellant had money on deposit with the appellee, and, on that day, by its cashier, W. K. Anderson,, wrote to Henry Hurter, appellee’s cashier, as follows:'“'We *530would like to have you invest some means for us, if you can, in good paper at thirty, sixty, ninety, or one hundred and twenty days’ time.”

July 24, 1872, Hurter, in a letter signed “Henry Hurter, cashier,” wrote to…

2Cited by11 opinions

  1. Wood v. WilliamsIllinois Supreme Court · 1892
  2. Oxford Lake Line v. First National BankSupreme Court of Florida · 1898
  3. Bamberger v. GreenCourt of Appeals of Kentucky · 1912
  4. Wallace v. LackeyCourt of Appeals of Kentucky · 1917
  5. Middlesboro Waterworks v. NealCourt of Appeals of Kentucky · 1899

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