Franklin Branch Bank v. State of Ohio - 66 U.S. 474 (1861)
U.S. Supreme Court
Franklin Branch Bank v. State of Ohio, 66 U.S. 1 Black 474 474 (1861)
Franklin Branch Bank v. State of Ohio
66 U.S. (1 Black) 474
The sixtieth section of the act of the Ohio Legislature incorporating the state bank contains a contract for a fixed rule of taxation upon that bank and its branches, and a subsequent act, which attempts to assess a larger tax by a different rule is unconstitutional.
Writ of error to the Supreme Court of Ohio. The State of Ohio, by Mr. Walcott, her Attorney General, brought suit in the Supreme Court of Franklin County against the Franklin Branch of the State Bank of Ohio, claiming the sum of $4,076.30, as due from the bank to the state for taxes assessed pursuant to an Act of the legislature passed 5th April, 1859. The bank pleaded that the 60th section of the charter was a contractor, by which the state bound herself to levy no other or greater taxes on the State Bank or its branches than what are stipulated for in that section, and that the act of 1859, under which the taxes claimed in this case are assessed, is void as being a violation of the contract. The plaintiff demurred. The court gave judgment against the defendant for the sum claimed. The defendant took the case into the supreme court of the state, where the judgment of the county court was affirmed. There upon the bank took this writ of error.