Citizens State Bank v. Hawkins
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the District of Indiana. The defendant in error, Edward Hawkins, as receiver of the Indianapolis National Bank, brought suit against the plaintiff in error, the Citizens’ State Bank, alleging his appointment by the comptroller of the currency of the United States as receiver of the national bank; that the assets of the bank were insufficient to pay its indebtedness, and that on the 23th of October, .1893, the comptroller…
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In Error to the Circuit Court of the United States for the District of Indiana. The defendant in error, Edward Hawkins, as receiver of the Indianapolis National Bank, brought suit against the plaintiff in error, the Citizens’ State Bank, alleging his appointment by the comptroller of the currency of the United States as receiver of the national bank; that the assets of the bank were insufficient to pay its indebtedness, and that on the 23th of October, .1893, the comptroller of the currency, in order to pay the liabilities of the insolvent banking association, made an assessment upon all of…
1Opinion of the Court
JENKINS, Circuit Judge,
after stating the facts as above, deliv- ' ered the opinion of the court.
An act is ultra vires a corporation when it is beyond and outside of . the scope of. the powers conferred by its founders, — when the corpora- ' tion is without authority to perforin it under any circumstances or for .any purpose. Such acts are wholly void, and no contract for *371their performance can be enforced by or against the corporation, the plea of ultra vires being available to either party to the contract. Such was the character of the agreement under consideration in Thomas v. Railroad Co.,…
2Cases cited15 opinions
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- National Bank v. MatthewsSupreme Court of the United States · 1879
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- National Bank v. WhitneySupreme Court of the United States · 1881
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Metcalf v. American School Furniture Co.U.S. Circuit Court for the District of Western New York · 1903
- Cumberland Telephone & Telegraph Co. v. City of EvansvilleU.S. Circuit Court for the District of Indiana · 1903
- East St. Louis Connecting Ry. Co. v. JarvisCourt of Appeals for the Seventh Circuit · 1899
- Latimer v. BardU.S. Circuit Court for the District of Western Missouri · 1896
- Dacovich v. CanizasSupreme Court of Alabama · 1907
3 more not listed; retrieve them via the Exa API.