Case Citator › Bank of the United States v. Deveaux

Bank of the United States v. Deveaux

Is it still good law? What later courts have actually done to this case.

Overruled
Court
Supreme Court of the United States
Citation
9 U.S. 61
Decided
Confirmed treatments
1
Flagged citations read
31 of 31
Citing cases (total)
31
Treatment dates
1844
Overruled
A reviewed court has overruled this case. Bank of the United States v. Deveaux was overruled: all 31 flagged citations have been read, with the 1 confirmed treatment listed below. Louisville, Cincinnati, & Charleston Rail-Road v. Letson rejected Deveaux's rule that federal diversity jurisdiction over a corporation depended on its members' citizenship and instead treated the corporation as a citizen of its state of incorporation.
More on how this was screened

The Supreme Court later described that act in Carden v. Arkoma Associates: “We overruled Deveaux 35 years later in Louisville, C. & C. R. Co. v. Letson.” Deveaux's separate ruling that a general corporate power to sue and be sued does not itself grant federal jurisdiction remained in use. The other opinions applied surviving propositions or reported Letson's treatment without independently acting on Deveaux.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

31 later cases cite Bank of the United States v. Deveaux; 31 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Bank of the United States v. Deveaux?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled

  • The Supreme Court rejected Deveaux's rule requiring examination of a corporation's members' citizenship and held that a corporation could be treated as a citizen of its state of incorporation.

    Louisville, Cincinnati, & Charleston Rail-Road v. Letson · Supreme Court of the United States · filed

    After mature deliberation, we feel free to say that the cases of Strawbridge-and Curtis and that of the Bank and Deveaux Were carried too far, and that consequences and inferences have been argumentatively drawn from the reasoning employed in the latter which ought not to be followed. Indeed, it is difficult not. to feel that the case of the Bank of the United States and the Planters* Bank of Georgia is -founded upon principles irrecpncileable with some of those on which-the cases.already adverted to were founded. The case of the Commercial Bank of Vicksburg' and Slocomb was most reluctantly decided upon the mere authority of those cases. We do not think either- of them maintainable upon the true principles of interpretation of the Constitution and the laws of the United States. A corporation created by a .state to perform its' functions under the authority of that state' and only suable there, though it may have members out of the state, seems to us to be a person, though an artificial one, inhabiting and belonging to that state, and therefore entitled, for the purpose of suing and being sued, -to be deemed a citizen of that state.
    Read the full opinion on CourtListener →

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