Bank of Cumberland v. Willis

U.S. Circuit Court

Bank of Cumberland v. Willis

2 F. Cas. 648, 3 Sumn. 472

CourtUnited States Circuit Court

DecidedMay 15, 1839

StatusPublished

Cited by2 cases

This text of 2 F. Cas. 648 (Bank of Cumberland v. Willis) is published on Counsel Stack Legal Research, covering United States Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bank of Cumberland v. Willis, 2 F. Cas. 648, 3 Sumn. 472 (uscirct 1839).

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Opinion

STORY, Circuit Justice.

The plea in abatement in this case is certainly good. It has been repeatedly decided in the courts of the United States, that to entitle a corporation to sue in the circuit courts of the United States, all the members/ of that corporation must be citizens of some state of the United States, other than that state, <vf which the defendant is a citizen. And the averments must so be made in the declaration, in order to entitle the court to take jurisdiction of the case. The cases of Hope Ins. Co. v. Boardman, 5 Cranch, [9 U. S.] 57; Bank of U. S. v. Deveaux, Id. 61; Breithaupt v. Bank of Georgia, 1 Pet. [26 U. S.] 238; Bingham v. Cabot, 3 Dall. [3 U. S.] 382; Turner v. Enrille, 4 Dall. [4 U. S.] 7; Turner v. Bank of North America, 4 Dall. [4 U. S.] 8; and Strawbridge v. Curtiss, 3 Cranch. [7 U. S.] 267,— are fully in point. Mr. Chancellor Kent, in his learned commentaries, in' the passage cited at the bar, (1 Kent, Comm., 3d Ed., Lect. 16, pp. 343--347.1 has stated the acknowledged result of the cases in his usual clear and satisfactory manner. It remains, therefore, for this court only’to pronounce its judgment, that as it is admitted by the demurrer, that one of the corporators is a citizen of Massachusetts, the same state, of which the defendant is averred to be a citizen, the plea is good in point of law, and the suit must abate for want of jurisdiction.

The district judge concurs in this opinion, and, therefore, there must be a judgment, that the suit be abated, but without costs.

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STORY, Circuit Justice.

The plea in abatement in this case is certainly good. It has been repeatedly decided in the courts of the United States, that to entitle a corporation to sue in the circuit courts of the United States, all the members/ of that corporation must be citizens of some state of the United States, other than that state, <vf which the defendant is a citizen. And the averments must so be made in the declaration, in order to entitle the court to take jurisdiction of the case. The cases of Hope Ins. Co. v. Boardman, 5 Cranch, [9 U. S.] 57; Bank of U. S. v. Deveaux, Id. 61; Breithaupt v. Bank of Georgia, 1 Pet. [26 U. S.] 238; Bingham v. Cabot, 3 Dall. [3 U. S.] 382; Turner v. Enrille, 4 Dall. [4 U. S.] 7; Turner v. Bank of North America, 4 Dall. [4 U. S.] 8; and Strawbridge v. Curtiss, 3 Cranch. [7 U. S.] 267,— are fully in point. Mr. Chancellor Kent, in his learned commentaries, in' the passage cited at the bar, (1 Kent, Comm., 3d Ed., Lect. 16, pp. 343--347.1 has stated the acknowledged result of the cases in his usual clear and satisfactory manner. It remains, therefore, for this court only’to pronounce its judgment, that as it is admitted by the demurrer, that one of the corporators is a citizen of Massachusetts, the same state, of which the defendant is averred to be a citizen, the plea is good in point of law, and the suit must abate for want of jurisdiction.

The district judge concurs in this opinion, and, therefore, there must be a judgment, that the suit be abated, but without costs.

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Bluebook (online)

2 F. Cas. 648, 3 Sumn. 472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bank-of-cumberland-v-willis-uscirct-1839.

Opinion

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