United States Supreme Court Cases & Opinions

U.S. Supreme Court

Petri v. Commercial National Bank of Chicago, 142 U.S. 644 (1892)

Petri v. Commercial National Bank of Chicago

No. 1071

Submitted January 4, 1892

Decided January 18, 1892

142 U.S. 644

Syllabus

A national bank located in one state, may bring suit against a citizen of another state in the circuit court of the United States for the district wherein the defendant resides by reason alone of diverse citizenship.

The Court stated the case as follows:

The Commercial National Bank of Chicago, a national banking association duly organized under the laws of the United States in that behalf and located in Illinois, brought suit, May 6, 1890, in the Circuit Court of the United States for the Northern District of Texas against A. C. Petri and Oswald Petri, citizens of the State of Texas, and doing business in that state under the firm name and style of A. C. Petri & Brother to recover the amount of several drafts, held by the bank, drawn by Meyer & Sons Company, a corporation of Illinois, on the defendants and accepted by them.

The defendants demurred on the ground that the circuit court was without jurisdiction to entertain the suit, and also interposed certain defenses not drawn in question here. The demurrer was overruled and final judgment given in favor of plaintiff for the sum of $3,328.66, with interest and costs, whereupon the defendants prosecuted a writ of error from this Court to review the action of the circuit court upon the question of jurisdiction.

Page 142 U. S. 647