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National City Bank of New York v. Republic of China, 348 U.S. 356 (1955)
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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.
National City Bank of New York v. Republic of China, 348 U.S. 356 (1955)
National City Bank of New York v. Republic of China No. 30 Argued November 9, 1954 Decided March 7, 1955 348 U.S. 356
CERTIORARI TO THE UNITED STATE COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
1. The Republic of China sued an American bank in a Federal District Court to recover $200,000 deposited in the bank by a governmental agency of the Republic. The bank interposed counterclaim seeking an affirmative judgment for $1,634,432 on defaulted treasury notes of the Republic. The Republic pleaded sovereign immunity.
Held: the counterclaims should not have been dismissed. Pp. 357-366.
(a) Having been recognized as a sovereign by the Executive, the Republic of China and its governmental agencies enjoy a foreign sovereign’s immunities to the same extent as any other country recognized by the United States. P. 358.
(b) This case does not involve an attempt to bring a recognized foreign government into court as a defendant. A foreign government is invoking our law, but resisting a claim against it which fairly would curtail its recovery. Pp. 361-362.
(c) The contention that the counterclaim here involved is not based on the subject matter of the Republic’s suit does not require a different result. Pp. 364-365.
2. That the bank, on certiorari, dropped its demand for affirmative relief did not reduce the counterclaim to a mere defense, or deprive this Court of jurisdiction. P. 358, n. 2.
208 F.2d 627 reversed and remanded.
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Chicago: U.S. Supreme Court, "Syllabus," National City Bank of New York v. Republic of China, 348 U.S. 356 (1955) in 348 U.S. 356 348 U.S. 357. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=DGPPWLP54Q9EVTS.
MLA: U.S. Supreme Court. "Syllabus." National City Bank of New York v. Republic of China, 348 U.S. 356 (1955), in 348 U.S. 356, page 348 U.S. 357. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=DGPPWLP54Q9EVTS.
Harvard: U.S. Supreme Court, 'Syllabus' in National City Bank of New York v. Republic of China, 348 U.S. 356 (1955). cited in 1955, 348 U.S. 356, pp.348 U.S. 357. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=DGPPWLP54Q9EVTS.
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