Osborn v. Bank of the United States

1824 United States Supreme Court case

Osborn v. Bank of the United States

Supreme Court of the United States

Argued March 10, 1824
Decided March 19, 1824
Full case name| Ralph Osborn and others, Appellants v. The President, Directors, and Company of the Bank of the United States, Respondents
Citations| 22 U.S. 738 (more)

9 Wheat. 738; 6 L. Ed. 204; 1824 U.S. LEXIS 409

Case history
Prior| Appeal from the Circuit Court of Ohio
Holding
The Eleventh Amendment is inapplicable in suits in which a state is not a party of record even if a party is acting as a state official.[1]
Court membership

Chief Justice
John Marshall
Associate Justices
Bushrod Washington * William Johnson
Thomas Todd * Gabriel Duvall
Joseph Story * Smith Thompson
Case opinions
Majority| Marshall, joined by Washington, Todd, Duvall, Story, Thompson
Dissent| Johnson
Laws applied
Eleventh Amendment

Osborn v. Bank of the United States, 22 U.S. (9 Wheat.) 738 (1824), was a case set in the Banking Crisis of 1819, when many banks, including the Second Bank of the United States, demanded repayment for loans that they had issued on credit that they did not have. That led to an economic downturn and a shortage of money. In 1819, Ohio passed a law that put a tax on the Bank of the United States on the theory that taxing the bank would allow the state government to receive and distribute the scarce money.

On September 17, 1819, Ohio Auditor Ralph Osborn was given permission to seize $100,000 from a branch of the Bank of the United States. However, his agents mistakenly took $120,000 although the extra $20,000 was promptly returned. The bank chose to sue Osborn for the return of the additional $100,000, and a federal court ruled that Osborn had violated a court order, prohibiting the taxing of the bank.

Osborn argued that he had never been properly served with the order but still had to return the money. A problem arose when Osborn could pay back only $98,000, as the other $2,000 had been used to pay the salary of Osborn's tax agents.

In 1824, the Supreme Court ruled in favor of the Bank of the United States and ordered the return of the disputed $2,000.[2]

## See also

[edit]

* List of United States Supreme Court cases, volume 22

## Notes

[edit]

1. ^ Richard H. Fallon, Jr., et al., Hart and Wechsler's The Federal Courts and the Federal System (Foundation Press, Fifth Edition, 2003), pg. 992.
2. ^ "Osborn v. Bank of the United States - Ohio History Central". ohiohistorycentral.org.

## External links

[edit]

* Works related to Osborn v. President Directors and Company of the Bank of the United States at Wikisource
* Text of Osborn v. Bank of the United States, 22 U.S. (9 Wheat.) 738 (1824) is available from: Findlaw Justia Library of Congress OpenJurist

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U.S. Supreme Court Article III case law

Federalism

| Abstention|

* Railroad Commission v. Pullman Co. (1941)
* Burford v. Sun Oil Co. (1943)
* Louisiana Power & Light Co. v. City of Thibodaux (1959)
* United Gas Pipe Line Co. v. Ideal Cement Co. (1962)
* England v. Louisiana State Board of Medical Examiners (1964)
* Younger v. Harris (1971)
* Colorado River Water Conservation District v. United States (1976)
* Moses H. Cone Memorial Hospital v. Mercury Construction Corp. (1983)

|

Adequate and
independent state ground|

* Murdock v. City of Memphis (1875)
* Seneca Nation of Indians v. Christy (1896)
* Fox Film Corp. v. Muller (1935)
* Harrison v. NAACP (1959)
* Michigan v. Long (1983)

Federal common law|

* United States v. Hudson (1812)
* Swift v. Tyson (1842)
* Black & White Taxicab & Transfer Co. v. Brown & Yellow Taxicab & Transfer Co. (1928)
* Erie Railroad Co. v. Tompkins (1938)
* Hinderlider v. La Plata River & Cherry Creek Ditch Co. (1938)
* Clearfield Trust Co. v. United States (1943)

Rooker–Feldman doctrine|

* Rooker v. Fidelity Trust Co. (1923)
* District of Columbia Court of Appeals v. Feldman (1983)
* Exxon Mobil Corp. v. Saudi Basic Industries Corp. (2005)

Sovereign immunity and
presidential immunity|

* Little v. Barreme (1804)
* The Schooner Exchange v. M'Faddon (1812)
* Mississippi v. Johnson (1867)
* United States v. Lee (1882)
* Schillinger v. United States (1894)
* Feres v. United States (1950)
* United States v. Wunderlich (1951)
* Banco Nacional de Cuba v. Sabbatino (1964)
* Santa Clara Pueblo v. Martinez (1978)
* Nixon v. Fitzgerald (1982)
* United States v. Stanley (1987)
* Oklahoma Tax Commission v. Citizen Band, Potawatomi Indian Tribe of Oklahoma (1991)
* Saudi Arabia v. Nelson (1993)
* Clinton v. Jones (1997)
* Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc. (1998)
* College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board (1999)
* C & L Enterprises, Inc. v. Citizen Band, Potawatomi Indian Tribe of Oklahoma (2001)
* Inyo County v. Paiute-Shoshone Indians of the Bishop Community (2003)
* United States v. White Mountain Apache Tribe (2003)
* Republic of Austria v. Altmann (2004)
* City of Sherrill v. Oneida Indian Nation of New York (2005)
* Dolan v. United States Postal Service (2006)
* Permanent Mission of India v. City of New York (2007)
* Ali v. Federal Bureau of Prisons (2008)
* Samantar v. Yousuf (2010)
* United States v. Bormes (2012)
* Republic of Argentina v. NML Capital, Ltd. (2014)
* OBB Personenverkehr AG v. Sachs (2015)
* Jam v. International Finance Corp. (2019)
* Republic of Sudan v. Harrison (2019)
* Opati v. Republic of Sudan (2020)
* Trump v. United States (2024)

Jurisdiction

* Chisholm v. Georgia (1793)
* Marbury v. Madison (1803)
* United States v. More (1805)
* Martin v. Hunter's Lessee (1816)
* American Insurance Co. v. 356 Bales of Cotton (1828)
* Sheldon v. Sill (1850)
* United States v. Jackalow (1862)
* Ex parte Vallandigham (1864)
* Ex parte McCardle (1869)
* United States v. Klein (1871)
* City of St. Louis v. Myers (1885)
* Barrett v. United States (1898)
* Burton v. United States I (1905)
* Burton v. United States II (1906)
* Louisville & Nashville Railroad Co. v. Mottley (1908)
* Muskrat v. United States (1911)
* American Well Works Co. v. Layne & Bowler Co. (1916)
* Smith v. Kansas City Title & Trust Co. (1921)
* Hartsville Oil Mill v. United States (1926)
* Wisconsin v. Illinois (1929)
* Crowell v. Benson (1932)
* Colegrove v. Green (1946)
* Glidden Co. v. Zdanok (1962)
* Oneida Indian Nation of New York v. County of Oneida (1974)
* Arizona v. New Mexico (1976)
* Mt. Healthy City School District Board of Education v. Doyle (1977)
* Northern Pipeline Construction Co. v. Marathon Pipe Line Co. (1982)
* Thomas v. Union Carbide (1985)
* Commodity Futures Trading Commission v. Schor (1986)
* Merrell Dow Pharmaceuticals Inc. v. Thompson (1986)
* Plaut v. Spendthrift Farm, Inc. (1995)
* JPMorgan Chase Bank v. Traffic Stream (BVI) Infrastructure Ltd. (2002)
* Grable & Sons Metal Products, Inc. v. Darue Engineering & Mfg. (2005)
* Bowles v. Russell (2007)
* Patchak v. Zinke (2018)

Justiciability

| Mootness|

* DeFunis v. Odegaard (1974)
* Campbell-Ewald Co. v. Gomez (2016)
* Uzuegbunam v. Preczewski (2021)
* Acheson Hotels, LLC v. Laufer (2023)

|

Political question|

* Baker v. Carr (1962)
* Goldwater v. Carter (1979)
* Nixon v. United States (1993)

Ripeness|

* Poe v. Ullman (1961)
* Toilet Goods Ass'n, Inc. v. Gardner (1967)
* Laird v. Tatum (1972)
* Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City (1985)
* Trump v. New York (2020)

Standing|

* Bailiff v. Tipping (1805)
* Fairchild v. Hughes (1922)
* Massachusetts v. Mellon (1923)
* Ex parte Levitt (1937)
* Altvater v. Freeman (1943)
* Flast v. Cohen (1968)
* Sierra Club v. Morton (1972)
* United States v. Students Challenging Regulatory Agency Procedures (1973)
* Schlesinger v. Reservists Committee to Stop the War (1974)
* Warth v. Seldin (1975)
* Illinois Brick Co. v. Illinois (1977)
* Pfizer Inc. v. Government of India (1978)
* Valley Forge Christian College v. Americans United for Separation of Church & State (1982)
* City of Los Angeles v. Lyons (1983)
* Allen v. Wright (1984)
* Diamond v. Charles (1986)
* Lujan v. Defenders of Wildlife (1992)
* Raines v. Byrd (1997)
* FEC v. Akins (1998)
* Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc. (2000)
* DaimlerChrysler Corp. v. Cuno (2006)
* Hein v. Freedom From Religion Foundation (2007)
* Massachusetts v. Environmental Protection Agency (2007)
* Arizona Christian School Tuition Organization v. Winn (2011)
* Bond v. United States (2011)
* Clapper v. Amnesty International USA (2013)
* Spokeo, Inc. v. Robins (2016)
* Texas v. Pennsylvania (2020)
* Trump v. New York (2020)
* Uzuegbunam v. Preczewski (2021)
* TransUnion LLC v. Ramirez (2021)
* Biden v. Nebraska (2023)
* FDA v. Alliance for Hippocratic Medicine (2024)
* Murthy v. Missouri (2024)

Others|

* Hayburn's Case (1792)
* County of Oneida v. Oneida Indian Nation of New York State (1985)
* Davis v. Bandemer (1986)
* Vieth v. Jubelirer (2004)
* Rucho v. Common Cause / Benisek v. Lamone (2019)

Treason

* Ex parte Bollman (1807)
* United States v. Burr (1807)
* Cramer v. United States (1945)

Others

* Stuart v. Laird (1803)
* Osborn v. Bank of the United States (1824)
* Forrester v. White (1988)
* Mistretta v. United States (1989)
* Peretz v. United States (1991)
* United States v. Hatter (2001)
* Stern v. Marshall (2011)
* Bank Markazi v. Peterson (2016)

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