Guaranty Trust Co. v. York, 326 U.S. 99 (1945)

Guaranty Trust Co. v. York


No. 264


Argued January 3, 4, 1945
Decided June 18, 1945
326 U.S. 99

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT

Syllabus

In a suit in equity in a federal court to recover upon a State-created right, jurisdiction being based solely upon diversity of citizenship of the parties, a recovery cannot be had if a state statute of limitations would have barred recovery had the suit been brought in a court of the State. Erie R. Co. v. Tompkins, 304 U.S. 64, followed. P. 108.

143 F.2d 503 reversed.

Certiorari, 323 U.S. 693, to review the reversal of a summary judgment for the defendant (petitioner here) in a suit of which the federal court had jurisdiction solely because of diversity of citizenship of the parties.