"A bank that receives deposits to be drawn upon by check of course
authorizes its depositors to draw checks against their accounts and
holders of such checks to present them for payment. When we think
of the ordinary case the right of the holder is so unimpeded that
it seems to us absolute. But looked at from either side it cannot
be so. The interests of business also are recognized as rights,
protected against injury to a greater or less extent and in case of
conflict between the claims of business on the one side and of third
persons on the other lines have to be drawn that limit both. A man
has a right to give advice but advice given for the sole purpose of
injuring another's business and effective on a large scale, might
create a cause of action. Banks as we know them could not exist if
they could not rely upon averages and lend a large part of the money
that they receive from their depositors on the assumption that not
more than a certain fraction of it will be demanded on any one day.
If without a word of falsehood but acting from what we have called
disinterested malevolence a man by persuasion should organize and
carry into effect a run upon a bank and ruin it, we cannot doubt
that an action would lie. A similar result even if less complete in
its effect is to be expected from the course that the defendants are
alleged to intend, and to determine whether they are authorized to
follow that course it is not enough to refer to the general right of
a holder of checks to present them but it is necessary to consider
whether the collection of checks and presenting them in a body
for the purpose of breaking down the petitioner's business as now
conducted is justified by the ulterior purpose in view.
"If this were a case of competition in private business it would be
hard to admit the justification of self interest considering the
now current opinion as to public policy expressed in statutes and
decisions. But this is not a private business. The policy of the
Federal Reserve Banks is governed by the policy of the United States
with regard to them and to these relatively feeble competitors. We
do not need aid from the debates upon the statute under which the
Reserve Banks exist to assume that the United States did not intend
by that statute to sanction this sort of warfare upon legitimate
creations of the States.
"Decree reversed."
Public-domain text, read in full here on John Shaqi.
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