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Rankin v. Emigh, 218 U.S. 27 (1910)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Rankin v. Emigh, 218 U.S. 27 (1910)
Rankin v. Emigh No. 144 Argued April 15, 18, 1910 Decided May 31, 1910 218 U.S. 27
ERROR TO THE SUPREME COURT
OF THE STATES OF WISCONSIN
Syllabus
On error to a state court of last resort in a case involving the liability of a national bank under a contract, the findings of fact of the state court are binding on this Court, and only the federal question as to the effect of the facts found can be passed on.
Although restitution of property obtained under a contract which is illegal because ultra vires cannot be adjudged by force of the illegal contract, the courts will compel restitution of property of another obtained without authority of law; and, although the contract under which a national bank obtains money from an innocent third party may be ultra vires under Rev.Stat., §§ 5133-5136, the bank may be required to return the money so received to the party entitled thereto. Citizens’ Central National Bank v. Appleton, Receiver, 216 U.S. 196.
In this case, even if the purchase and carrying on of a mercantile company by a national bank was illegal, the persons dealing with the mercantile company were entitled to receive the money paid into the bank for their account.
134 Wis. 565 affirmed.
The facts, which involve the liability of a national bank under a contract claimed by the receiver to be ultra vires, are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Rankin v. Emigh, 218 U.S. 27 (1910) in 218 U.S. 27 218 U.S. 28. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=4QX4DXJN2UYQKLV.
MLA: U.S. Supreme Court. "Syllabus." Rankin v. Emigh, 218 U.S. 27 (1910), in 218 U.S. 27, page 218 U.S. 28. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=4QX4DXJN2UYQKLV.
Harvard: U.S. Supreme Court, 'Syllabus' in Rankin v. Emigh, 218 U.S. 27 (1910). cited in 1910, 218 U.S. 27, pp.218 U.S. 28. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=4QX4DXJN2UYQKLV.
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