Legal Opinion

Allen v. Pegram

Supreme Court of Iowa

Decided April 22, 1864PublishedCited by 17 opinions

Appeal from Pottawattamie District Court. By the pleadings in the case, which are very voluminous, covering, with the exhibits, some seventy-six pages of the transcript, the following facts appear: On the 18th day of January, 1856, the Legislature of the Territory of Nebraska passed an act, which was duly approved by the Governor, chartering the Bank of Nebraska at Omaha, in which the said Allen, Pegram et al., were made commissioners to carry it into effect, with an…

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Appeal from Pottawattamie District Court. By the pleadings in the case, which are very voluminous, covering, with the exhibits, some seventy-six pages of the transcript, the following facts appear: On the 18th day of January, 1856, the Legislature of the Territory of Nebraska passed an act, which was duly approved by the Governor, chartering the Bank of Nebraska at Omaha, in which the said Allen, Pegram et al., were made commissioners to carry it into effect, with an authorized capital of $100,000, to be divided into shares of $100 each, with power to issue bills, deal in exchange and do all…

1Opinion of the CourtDillon, J.

I. It is conceded that the Congress of the United States never confirmed or approved the act of the Territorial Legislature which chartered the Bank of Nebraska ; and one question which lies at the basis of this controversy, and which meets us at the outset is: Was such approval and confirmation necessary? On the 1st day of July, 1886 (U. S. Stat. at Large, vol. 5, p. 61), it was enacted by Congress: “Sec. 1. That no act of the Territorial Legislature of any of the United States incorporating any bank or any institution with banking powers or privileges, hereafter to be passed, shall have any…

2Cases cited7 opinions

  1. Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
  2. Brandt v. FosterSupreme Court of Iowa · 1857
  3. Stone v. WoodNew York Supreme Court · 1827
  4. Casey v. HarnedSupreme Court of Iowa · 1857
  5. Winter v. HiteSupreme Court of Iowa · 1856

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3Cited by17 opinions

  1. Merritt v. American Steel-Barge Co.Court of Appeals for the Eighth Circuit · 1897
  2. Woods v. SchmittSupreme Court of Iowa · 1989
  3. Watson v. ChesireSupreme Court of Iowa · 1865
  4. Bettendorf v. BettendorfSupreme Court of Iowa · 1920
  5. Muldowney v. Illinois Central R. R.Supreme Court of Iowa · 1871

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