President of the Bank of Kentucky v. Wister
Supreme Court of the United States
ERROR to the circuit court of the district of Kentucky. On the 31st October 1824, the agent of the defendants in error, John ,T. Drake, deposited in the bank of the commonwealth of Kentucky, in the notes of that bank3 the sum of ,$7730.81', and received frorñ the cashier the following memorandum in writing, usually denominated a certificate of deposit.
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ERROR to the circuit court of the district of Kentucky. On the 31st October 1824, the agent of the defendants in error, John ,T. Drake, deposited in the bank of the commonwealth of Kentucky, in the notes of that bank3 the sum of ,$7730.81', and received frorñ the cashier the following memorandum in writing, usually denominated a certificate of deposit. “Frankford, 31st October 1824; — John T. Drake this day deposited to the credit of John Wister, John M. Price and Charles J. Wister, seven thousand seven hundred and thirty dollars arid eighty-one cents, which is subject to their order upon…
1Opinion of the CourtJustice JoHNsoN
-delivered the opinion of'the Court.
The. defendants here were plaintiffs in the court below,' in an action for money had and received, instituted to recover the-amount of a deposit made, in the'bank1 bf the commonwealth of Kentucky.
The defendants pleaded to the jurisdiction.on-the ground, that the state of Kentucky was sole proprietor of the stock of the bank, for which reason it was insisted that the. suit was virtually against a sovereign state. To this plea the plaintiffs, demurred, and the circuit court of Kentucky having decided in favour of its jurisdiction, that decision is made, the…
2Cases cited1 opinion
- US Bank v. PLANTERS'BANKSupreme Court of the United States · 1824
3Cited by65 opinions
- Ross v. BernhardSupreme Court of the United States · 1969
- Ohio v. HelveringSupreme Court of the United States · 1934
- Georgia v. City of ChattanoogaSupreme Court of the United States · 1924
- Holmes v. GoldsmithSupreme Court of the United States · 1893
- In re Interborough Consol. Corp.Court of Appeals for the Second Circuit · 1923
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