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BANK OF KENTUCKY v. WISTER AND OTHERS

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27 U.S. 318 (1829)

2 Pet. 318

7 L.Ed. 437

THE PRESIDENT AND DIRECTORS OF THE BANK OF THE COMMONWEALTH OF KENTUCKY, PLAINTIFFS IN ERROR, vs. JOHN WISTER, JOHN M. PRICE AND CHARLES J. WISTER, DEFENDANTS.

Supreme Court of United States.

February 14, 1829.

Attorney(s) appearing for the Case

For the plaintiffs in error, Mr Nicholas maintained.

Mr Caswell, for the defendants in error.

Mr Justice JOHNSON delivered the opinion of the Court.

The defendants here were plaintiffs in the court below, in an action for money had and received, instituted to recover the amount of a deposit made in the bank of the commonwealth of Kentucky.

The defendants pleaded to the jurisdiction on the ground that the state of Kentucky was sole proprietor of the stock of the bank, for which reason it was insisted that the...

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