Display Mode
Dark
Dark
Light
Light
Theme Cover
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Search History
No search history
Copied to clipboard
StarredCase saved
Oh No!
Copied to clipboard
StarredCase saved
Oh No!
Media
Term
Opinion Writer
Direction
Field

The Bank Of Alexandria v. Herbert

1814 • 12 U.S. 36 • Marshall Court
The Bank of Alexandria v. Herbert was a case heard by the United States Supreme Court in 1814. The dispute centered around whether or not the bank had the right to collect on an unpaid debt from one of its customers, Mr. Herbert, who had died without paying his balance due. The court ruled that under Virginia law at the time, creditors were allowed to pursue debts even after death and thus granted judgment for the bank against Mr. Herbert's estate for payment of his outstanding debt plus...Open Case
Score:
Copyright © 2026Etalia.ai All Rights Reserved
  • Blog
  • •
  • Privacy
  • •
  • Terms
1 results found
Become a Sponsor
Support Us
Feedback: We can do better!

Your feedback is extremely important to us and greatly appreciated.
Tell us what went wrong

Copied to clipboard
StarredCase saved
Oh No!
Chief Marshall Court
Term: 1814
12 U.S. 36
3 L. Ed. 479
1814 U.S. LEXIS 379
Argued: Feb 14, 1814

The Bank Of Alexandria v. Herbert

  • Pro
  • Pro
Go Pro!orto acess these features and extra content.

Opinion Summary
AI Abstract

The Bank of Alexandria v. Herbert was a case heard by the United States Supreme Court in 1814. The dispute centered around whether or not the bank had the right to collect on an unpaid debt from one of its customers, Mr. Herbert, who had died without paying his balance due. The court ruled that under Virginia law at the time, creditors were allowed to pursue debts even after death and thus granted judgment for the bank against Mr. Herbert's estate for payment of his outstanding debt plus interest and costs associated with bringing suit against him. This decision established precedent that creditors have a legal right to seek repayment from deceased persons' estates if they are owed money when those persons pass away without settling their accounts beforehand

Dissent Summary
AI Abstract

In The Bank of Alexandria v. Herbert, the dissenting opinion argued that a bank's right to collect interest on an overdue debt was not absolute and could be limited by state law. Justice Johnson argued that the Constitution did not grant banks any special privileges or immunities from state laws, and thus it would be unconstitutional for federal courts to enforce such rights in cases where they were prohibited by state law. He further noted that while Congress had authority over interstate commerce, this power should only extend so far as necessary to protect citizens' property interests; beyond this point it would become an infringement upon states' sovereignty. Finally, he concluded that if a bank wanted protection against its debts being discharged due to local statutes then it should have taken steps before entering into contracts with borrowers in those jurisdictions which might limit their ability to collect interest payments after defaulting on loans.

Go Pro!orto acess these features and extra content.
Related Cases
AI Assist
Go Pro!orto acess these features and extra content.
PDF viewer is not available.
Oral Transcripts
Go Pro!orto acess these features and extra content.
Related Cases
Go Pro!orto acess these features and extra content.
Ask Etalia.ai
Go Pro!orto acess these features and extra content.
Audio of Oral Arguments
Free Trial!
Become a Sponsor

Support Us
Copyright © 2026Etalia.ai All Rights Reserved
  • Blog
  • •
  • Privacy
  • •
  • Terms