Bank of the United States v. Planters' Bank of Georgia

by John Marshall

United States Supreme Court

22 U.S. 904

Bank of the United States  v.  Planters' Bank of Georgia

 Argued: March 11, 1824 --- Decided: March 20, 1824

ON CERTIFICATE OF DIVISION OF OPINION AMONG THE JUDGES OF THE CIRCUIT COURT OF GEORGIA

Syllabus

The circuit courts of the United States have jurisdiction of suits brought by the Bank of the United States against another bank incorporated under a law of a state, and of which the state itself is a stockholder, together with private individuals, who are citizens of the same state with some of the stockholders of the Bank of the United States.

The Bank of the United States may sue in the circuit courts as endorsee or bearer of a promissory note although the original payee or endorser could not sue in the same courts, being a citizen of the same state with the defendants.

The circumstance that a state is a member of a private corporation will not give this Court original jurisdiction of suits where the corporation is a party or oust the circuit courts of the jurisdiction vested in them by law.

Notes

March 11th.

THIS cause was brought up on a certificate of a division of opinion between the Judges of the Circuit Court of Georgia, upon the questions arising in it, and was argued by the same counsel with the preceding case of Osborn v. The Bank of the United States.

March 20th.

Mr. Chief Justice MARSHALL delivered the opinion of the Court.