United States Supreme Court Cases & Opinions

U.S. Supreme Court

Martin v. Lankford, 245 U.S. 547 (1918)

Martin v. Lankford

No. 97

Submitted December 18, 1917

Decided January 28, 1918

245 U.S. 547

Syllabus

This action was similar to Johnson v. Lankford, ante, 245 U. S. 541. Here, however, plaintiff sought damages measured by the excess of his claims as depositor over his liability as a stockholder of the bank, and there was not diverse citizenship. Held, (1) that the action was not against the state but against the defendant Bank Commissioner personally (and his surety) because of his alleged tortious conduct in violating the state law, and (2) that allegations to the effect that, by the Commissioner's wrongful administration of the state law, plaintiff's privileges and immunities were abridged and his property taken without due process, in violation of the Constitution, were to be taken as in emphasis of the Commissioner's wrongdoing, not as an

Page 245 U. S. 548

independent ground of recovery, and, in the absence of diverse citizenship, the district court lacked jurisdiction.,

Affirmed.

The case is stated in the opinion.