U.S. Circuit Court for the District of Eastern Pennsylvania, 1878

National State Bank v. Pierce

National State Bank v. Pierce
U.S. Circuit Court for the District of Eastern Pennsylvania · Decided April 23, 1878 · Cadwalader, Mekennan
17 F. Cas. 1238; 18 Alb. Law J. 16; 24 Int. Rev. Rec. 212; 1878 U.S. App. LEXIS 1947
National State Bank v. Pierce

Opinion of the Court

CADWALADER, District Judge.

It is a criminal offense to carry on banking business in the way suggested in Pennsylvania without a license obtained in a particular manner, but that does not make the offender a bank located in Pennsylvania. This is not an assessment upon a stockholder as such, but upon the bank.

MeKENNAN, Circuit Judge

(CADWALA-DER, District Judge, concurring). We have decided, after full discussion, that even when a corporation carries on business in a state, it does not thereby become an inhabitant of it, and we cannot go farther and say that by-similar conduct a corporation becomes' located therein.

Injunction granted.

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