Legal Opinion

Van Allen v. Assessors

Supreme Court of the United States

Decided March 26, 1866PublishedCited by 256 opinions

This was a suit involving the question of right, on the part of States, to tax shares in the national banking associations created under tbe act of Congress of June, 1864. Tbe case was thus: By an act passed February 25th, 1868, Congress provided for the organization of national banking associations;* and the act was amended and re-enacted on the 3d June, 1864.† By these laws the mode of organizing these associations was prescribed, their powers defined, and their duties…

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This was a suit involving the question of right, on the part of States, to tax shares in the national banking associations created under tbe act of Congress of June, 1864. Tbe case was thus: By an act passed February 25th, 1868, Congress provided for the organization of national banking associations;* and the act was amended and re-enacted on the 3d June, 1864.† By these laws the mode of organizing these associations was prescribed, their powers defined, and their duties enjoined. The Secretary of the Treasury was authorized to employ them as depositories of the public moneys, and as…

1Opinion of the CourtJustice Nelson

The decree of the Court of Appeals, from which this case comes to us, must be reversed, on the ground that the enabling act of the State of New York, passed March 9,1865, does not conform to the limitations prescribed by the forty-first section of the act of Congress, passed June 3, 1864, organizing the national banks, and providing for their taxation. The defect is this: one of the limitations in the act of Congress is, “ that the tax so imposed under the laws of any State upon the shares of the associations authorized by this act, shall not exceed the rate imposed upon the shares of any of…

2Cases cited1 opinion

  1. Weston and Others v. the City Council of CharlestonSupreme Court of the United States · 1829

3Cited by256 opinions

  1. Pollock v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1895
  2. Barnett Bank of Marion County, N. A. v. NelsonSupreme Court of the United States · 1996
  3. Graves v. New York Ex Rel. O'KeefeSupreme Court of the United States · 1939
  4. Helvering v. GerhardtSupreme Court of the United States · 1938
  5. Gibbons v. MahonSupreme Court of the United States · 1890

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