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Thread: Campbell v. Chase National Bank of New York (1933)

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    Campbell v. Chase National Bank of New York (1933)

    Campbell v. Chase National Bank of New York (1933)

    Interesting case. The complainant made several errors in filing his initial case in a federal court.

    The plaintiff sued in Federal Court to retrieve his gold from Chase in 1933.

    Some interesting dicta from the case:

    It is provided in title 28, United States Code, § 42 (28 USCA § 42) that "no district court shall have jurisdiction of any action or suit by or against any corporation upon the ground that it was incorporated by or under an Act of Congress."
    After dealing with certain types of suits by or against national banking associations
    [ 5 F.Supp. 166 ]

    among which such a cause as that before me is not included, it is provided in title 28, United States Code, § 41, subd. 16 (28 USCA § 41 (16) that "* * * all national banking associations established under the laws of the United States shall, for the purposes of all other actions by or against them, real, personal, or mixed, and all suits in equity, be deemed citizens of the States in which they are respectively located."
    It follows from these provisions that the court has not jurisdiction in respect of the suit of Campbell v. The Chase National Bank of the City of New York either on the basis of diversity of citizenship, or of the fact that the bank is incorporated under a federal statute. Compare Federal Intermediate Credit Bank v. Mitchell, 277 U.S. 213, 215-216, 48 S.Ct. 449, 72 L. Ed. 854; Herrmann v. Edwards, 238 U.S. 107, 112, 118, 35 S.Ct. 839, 59 L. Ed. 1224; Whittemore v. Amoskeag National Bank, 134 U.S. 527, 529, 10 S.Ct. 592, 33 L. Ed. 1002.
    Last edited by shikamaru; 11-17-11 at 02:13 PM.

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