Cooke v. State National Bank of Boston
New York Supreme Court
Motion to vacate an attachment. The defendants in this action were incorporated under the act of Congress authorizing the creation of National Banks, and were located in Boston, Massachusetts, as their place of business. An attachment having been issued against them, under the provisions of the Code of Procedure allowing suits to be commenced by attachment against foreign corporations, they now moved to set it aside.
1Opinion of the CourtIngraham, J.
Two questions have been submitted on this motion, viz.: Whether the Rational Banks created under the act of Congress can be> sued in a State court out of the county or city in which the bank is located; and whether such a co? - poration is a foreign corporation within the meaning of the laws of the State of Rew York..
The first question arises under section 57 of the act of Congress of June 3, 1864, authorizing the creation of Rational Banks, which enacts “ that suits, actions and proceedings against any association under this act may be had in any circuit, district or territorial court of the…
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