Cope v. Anderson, 331 U.S. 461 (1947). · Go Syfert
Cope v. Anderson, 331 U.S. 461 (1947). Cases Citing This Book View Copy Cite
Quick Summary

Applying borrowing statutes of the forum state results in the application of the law from the state where the cause of action accrued.

A receiver brought suits in equity to enforce statutory assessments against shareholders of an insolvent national bank. Because no federal statute of limitations exists for these assessments, the court applies the state law of the forum. Although the suits are in equity, the state's statute of limitations governs. The court determines that the cause of action arose in Kentucky, where the bank was located and the assessments were due. Under the borrowing statutes of Ohio and Pennsylvania, the shorter five-year limitation period of Kentucky applies. Because the actions were instituted more than five years after the assessments became due, the suits are barred.

934 citation events (105 in the last 25 years) across 77 distinct courts.
Strongest positive: Algonquin Gas Transmission v. Weymouth Conservation Comm. (ca1, 2019-03-19)
Treatment trajectory · 1947 → 2026 · click a year to view as-of
1947 1986 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (quoted) Algonquin Gas Transmission v. Weymouth Conservation Comm. (3×)
1st Cir. · 2019 · signal: see · quote attribution · 3 verbatim quotes · confidence high
equity will withhold its relief in such a case where the applicable statute of limitations would bar the concurrent legal remedy.
examined Cited as authority (quoted) Algrant v. Evergreen Valley Nurseries Ltd. Partnership (3×)
E.D. Pa. · 1996 · signal: see · quote attribution · 3 verbatim quotes · confidence high
equity will withhold its relief ... where the applicable statute of limitations would bar the concurrent legal remedy.
examined Cited as authority (quoted) Reichelt v. United States Army Corps of Engineers (3×)
N.D. Ind. · 1996 · signal: see · quote attribution · 3 verbatim quotes · confidence high
equity will withhold its relief ... where the applicable statute of limitations would bar the concurrent legal remedy.
examined Cited as authority (quoted) Barbara H. Ashley v. Boyle's Famous Corned Beef Company, Robert Boyle David Nelson (3×)
8th Cir. · 1995 · quote attribution · 3 verbatim quotes · confidence low
equity wifi withhold its relief... where the applicable statute of limitations would bar the concurrent legal remedy
examined Cited as authority (quoted) Geraldine G. Cannon v. University of Health Sciences/the Chicago Medical School, Defendants- Geraldine G. Cannon, Plaintiff-Appellant-Cross-Appellee v. Southern Illinois University and Board of Trustees of the University of Illinois, Defendants-Appellees-Cross-Appellants (3×)
7th Cir. · 1983 · quote attribution · 3 verbatim quotes · confidence low
and equity will withhold its relief in such a case where the applicable statute of limitations would bar the concurrent legal remedy
examined Cited as authority (quoted) Cannon v. University of Health Sciences (3×)
7th Cir. · 1983 · quote attribution · 3 verbatim quotes · confidence low
and equity will withhold its relief in such a case where the applicable statute of limitations would bar the concurrent legal remedy
discussed Cited as authority (rule) Social Life Network, Inc. v. LGH Investments, LLC
S.D. Cal. · 2022 · confidence medium
Express Agency, Inc., 421 U.S. 454, 462 (1975) (“since there is no specifically stated or otherwise relevant federal statute of limitations for a cause of action under § 1981, the 22 controlling period would ordinarily be the most appropriate one provided by state law.”); UAW v. 23 Hoosier Cardinal Corp., 383 U.S. 696, 704 (1966); McClaine v. Rankin, 197 U.S. 154, 158 (1905) (“it is conceded that, in the absence of any provision of the act of Congress creating the 24 liability, fixing a limitation of time for commencing actions to enforce it, the statute of limitations of the particular…
cited Cited as authority (rule) CMACO Automotive Systems, Inc. v. Wanxiang America Corp.
6th Cir. · 2009 · confidence medium
Willits v. Peabody Coal Co., 188 F.3d 510 , 1999 WL 701916 , at *12 (6th Cir. 1999) (unpublished table decision) (citing Cope v. Anderson, 331 U.S. 461, 466-67 (1947)); see also Mun.
cited Cited as authority (rule) Grynberg v. Total S.A.
10th Cir. · 2008 · confidence medium
In Cope v. Anderson, 331 U.S. 461, 463-64, 67 S.Ct. 1340 , 91 L.Ed. 1602 (1947), the Supreme Court wrote: Even though these suits are in equity, the states’ statutes of limitations apply.
cited Cited as authority (rule) Firstar Bank, N.A. v. Faul, Lawrence J.
7th Cir. · 2001 · confidence medium
In addition, Cope v. Anderson, 331 U.S. 461, 467 (1947), states that "[m]any provisions of federal law make national banks, in important aspects, peculiarly local institutions.
discussed Cited as authority (rule) Algrant v. Evergreen Valley Nurseries Ltd. Partnership
3rd Cir. · 1997 · confidence medium
Because actions for declaratory relief do not have their own statute of limitations, the district court concluded that the plaintiffs' causes of action are governed by the period of limitations applicable to the substantive claims underlying the action, citing Cope v. Anderson, 331 U.S. 461, 463-64 (1947).
discussed Cited as authority (rule) Federal Election Commission v. Christian Coalition
D.D.C. · 1997 · confidence medium
Cope explains that “it is only the scope of relief sought and the multitude of parties sued which give equity concurrent jurisdiction to enforce the legal obligation here asserted.” 331 U.S. at 463-64 , 67 S.Ct. at 1341 (emphasis added).
discussed Cited as authority (rule) Union of Flight Attendants, Local No. 1 v. Air Micronesia, Inc. (2×)
D. Haw. · 1988 · confidence medium
In Hoffman , the Ninth Circuit likewise stated: “In a civil rights case the applicable statute of limitations is that of the state wherein the action arose and the district court is located, [citations omitted] This is the general rule in other types of actions, Cope v. Anderson, 1947, 331 U.S. 461, 463 [ 67 S.Ct. 1340, 1341 , 91 L.Ed. 1602 ],...” Hoffman, 268 F.2d at 305 . 3 The second case the plaintiff cites as support is Chung v. Pomona Valley Community Hosp., 667 F.2d 788 (9th Cir.1982).
discussed Cited as authority (rule) South Carolina v. Catawba Indian Tribe, Inc. (2×)
SCOTUS · 1986 · confidence medium
Such a limited interpretation cannot be reconciled with the broader language of the Act ("The tribe and its members shall not be entitled to any of the special services performed by the United States for Indians because of their status as Indians"; " all statutes of the United States that affect Indians because of their status as Indians shall be inapplicable to them"; "the laws of the several states shall apply to them in the same manner they apply to other persons or citizens within their jurisdiction") (emphasis added). [18] See, e. g., Wilson v. Garcia, 471 U. S. 261, 266-267 (1985); Board…
discussed Cited as authority (rule) Clulow v. Oklahoma
10th Cir. · 1983 · confidence medium
And equity will withhold its relief in such a case where the applicable statute of limitations would bar the concurrent legal remedy. 331 U.S. at 463-64 , 67 S.Ct. at 1341 (citations omitted). 16 State limitations periods have been observed in suits for equitable relief under the civil rights acts on several occasions.
discussed Cited as authority (rule) Clulow v. State Of Oklahoma
10th Cir. · 1983 · confidence medium
And equity will withhold its relief in such a case where the applicable statute of limitations would bar the concurrent legal remedy. 42 331 U.S. at 463-64 , 67 S.Ct. at 1341 (citations omitted). 16 43 State limitations periods have been observed in suits for equitable relief under the civil rights acts on several occasions.
discussed Cited as authority (rule) Church of Scientology of California v. Shirley Foley (2×)
D.C. Cir. · 1981 · confidence medium
Runyan v. McCrary, 427 U.S. 160, 180 , 96 S.Ct. 2586, 2599 , 49 L.Ed.2d 415, 430-431 (1976); Johnson v. Railway Express Agency, 421 U.S. 454, 462 , 95 S.Ct. 1716, 1721 , 44 L.Ed.2d 295, 302-303 (1975); UAW v. Hoosier Cardinal Corp., 383 U.S. 696, 701-704 , 86 S.Ct. 1107, 1110-1113 , 16 L.Ed.2d 192, 197-199 (1966); Cope v. Anderson, 331 U.S. 461, 463 , 67 S.Ct. 1340, 1341 , 91 L.Ed. 1602, 1606-1607 (1947).
cited Cited as authority (rule) Cornelius v. Bank of America
D.V.I. · 1980 · confidence medium
It also cited Cope v. Anderson, 331 U.S. 461, 467 (1947), for the same general proposition.
discussed Cited as authority (rule) Marquette National Bank of Minneapolis v. First of Omaha Service Corp.
SCOTUS · 1978 · signal: cf. · confidence medium
Bank, 261 U. S. 171 (1923); cf. Cope v. Anderson, 331 U. S. 461, 467 (1947). 26 The “most favored lender” status for national banks under Tiffany has since been incorporated into the regulations of the Comptroller of the Currency.
discussed Cited as authority (rule) Citizens & Southern National Bank v. Bougas (2×)
SCOTUS · 1977 · confidence medium
See Radzanower v. Touche Ross & Co., 426 U. S. 148, 152 (1976); Cope v. Anderson, 331 U. S. 461, 467 (1947).
discussed Cited as authority (rule) Edward Saffron v. Department of the Navy (2×)
D.C. Cir. · 1977 · confidence medium
Co. v. Stapleton, 57 App.D.C. 209, 211 , 19 F.2d 683, 685 (1927) 34 Hurdle v. American Sec. & Trust Co., 59 App.D.C. 58, 60 , 32 F.2d 954, 956 (1929) 35 E.g., Cope v. Anderson, 331 U.S. 461, 463-464 , 67 S.Ct. 1340, 1341 , 91 L.Ed. 1602, 1607 (1947); Filson v. Fountain, 90 U.S.App.D.C. 273, 274 , 197 F.2d 383, 384 (1952).
discussed Cited as authority (rule) Johnson v. Railway Express Agency, Inc. (2×)
SCOTUS · 1975 · confidence medium
Auto Workers v. Hoosier Corp., 383 U. S., at 706 (characterization of the cause of action); Cope v. Anderson, 331 U. S., at 465-467 (place where cause of action arose); Barney v. Oelrichs, 138 U. S. 529 (1891) (absence from State as a tolling circumstance).
discussed Cited as authority (rule) Margaret Morgan v. Walter G. Koch, Ivan H. Morgan, Morgan Packing Co., Inc., Herman C. Krannert and Inland Container Corp.
7th Cir. · 1969 · confidence medium
Cope v. Anderson, 331 U.S. 461, 463, 464 , 67 S.Ct. 1340 , 91 L.Ed. 1602 ; Holmberg v. Armbrecht, 327 U.S. 392, 395-396 , 66 S.Ct. 582 , 90 L.Ed. 743 ; Russell v. Todd, 309 U.S. 280, 289 , 60 S.Ct. 527 , 84 L.Ed. 754 ; Swan v. Board of Higher Education, 319 F.2d 56, 59 (2d Cir. 1963).
discussed Cited as authority (rule) Madison v. Wood
6th Cir. · 1969 · confidence medium
We conclude, moreover, that his claim is outlawed even though he amended his complaint to seek purely equitable relief because “equity will withhold its relief * * * where the applicable statute of limitations * * * bar[s] the concurrent legal remedy.” Cope v. Anderson, 331 U.S. 461, 464 , 67 S.Ct. 1340, 1341 , 91 L.Ed. 1602, 1607 (1947); Swan v. Board of Higher Education of City of New York, 319 F.2d 56 (2d Cir. 1963).
discussed Cited as authority (rule) Madison v. Wood
6th Cir. · 1969 · confidence medium
We conclude, moreover, that his claim is outlawed even though he amended his complaint to seek purely equitable relief because 'equity will withhold its relief * * * where the applicable statute of limitations * * * bar(s) the concurrent legal remedy.' Cope v. Anderson, 331 U.S. 461, 464 , 67 S.Ct. 1340, 1341 , 91 L.Ed. 1602, 1607 (1947); Swan v. Board of Higher Education of City of New York, 319 F.2d 56 (2d Cir. 1963).
discussed Cited as authority (rule) Sulil Realty Corp. v. Rye Motors, Inc.
nycountyct · 1965 · confidence medium
For jurisdictional purposes, a national bank is a citizen of the State in which it is established and located, and in that district alone can it be sued (U. S. Code, tit. 12, § 94; Cope v. Anderson, 331 U. S. 461, 465, 467 ; Charlotte Nat.
discussed Cited "see" Clarke v. Pacific Gas & Electric Company
N.D. Cal. · 2020 · signal: see · confidence high
See Fed. 12 Election Comm’n v. Williams, 104 F.3d 237, 240 (9th Cir. 1996) (“[E]quity will withhold its relief 13 in such a case where the applicable statute of limitations would bar the concurrent legal remedy.”) 14 (quoting Cope v. Anderson, 331 U.S. 461 , 463–64 (1947)). 15 The timeliness of Clarke’s claim depends on whether his allegations involve a “single, 16 continuing violation” of the CWA or “repeated, discrete violations” of the CWA.
examined Cited "see" Global Community Monitor v. Mammoth Pacific, L.P. (3×)
E.D. Cal. · 2017 · signal: see · confidence high
See Cope v. Anderson, 331 U.S. 461, 464 , 67 S.Ct. 1340 , 91 L.Ed. 1602 (1947).
examined Cited "see" Conway v. Portfolio Recovery Associates, LLC (4×)
E.D. Ky. · 2014 · signal: see · confidence high
See Cope v. Anderson, 331 U.S. at 466-67 , 67 S.Ct. 1340 (applying state law to determine where a cause of action accrued for purposes of that state’s borrowing statute).
discussed Cited "see" Wachovia Bank, National Ass'n v. Schmidt
SCOTUS · 2006 · signal: see · confidence high
See Cope v. Anderson, 331 U. S. 461, 467 (“For jurisdictional purposes, a national bank is a ‘citizen’ of the state in which it is established or located[.]”). 8 Finally, Bougas does not control the meaning of §1348.
examined Cited "see" Combs v. International Insurance (3×)
E.D. Ky. · 2001 · signal: see · confidence high
See Cope v. Anderson, 331 U.S. 461, 466 , 67 S.Ct. 1340 , 91 L.Ed. 1602 (1947).
examined Cited "see" United States v. Murphy Oil USA, Inc. (3×)
W.D. Wis. · 2001 · signal: see · confidence high
See Cope v. Anderson, 331 U.S. 461 , 67 S.Ct. 1340 , 91 L.Ed. 1602 (1947).
examined Cited "see" Chicago Pneumatic Tool Co. v. Smith (3×)
N.D.N.Y. · 1995 · signal: see · confidence high
See Hollander v. Brezenoff, 787 F.2d 834, 837 (2d Cir.1986) (citing Cope v. Anderson, 331 U.S. 461, 463 , 67 S.Ct. 1340, 1341 , 91 L.Ed. 1602 (1947)); Colonial Acquisition Part. v. Colonial at Lynnfield, 697 F.Supp. 714, 716 (S.D.N.Y.1988) (and cases cited therein); Zola v. Gordon, 685 F.Supp. 354, 363 (S.D.N.Y.1988) (citing, inter alia, UAW v. Hoosier Cardinal Corp., 383 U.S. 696, 703-704 , 86 S.Ct. 1107, 1112-1113 , 16 L.Ed.2d 192 (1966)). 19 As just stated, New York requires that an action to vacate an arbitration award be commenced within ninety days after delivery of the arbitration award…
examined Cited "see" Hill v. Equitable Trust Company (3×)
3rd Cir. · 1988 · signal: see · confidence high
See Cope v. Anderson, 331 U.S. 461 , 67 S.Ct. 1340 , 91 L.Ed. 1602 (1947).
examined Cited "see" Hill v. Equitable Trust Co. (3×)
3rd Cir. · 1988 · signal: see · confidence high
See Cope v. Anderson, 331 U.S. 461 , 67 S.Ct. 1340 , 91 L.Ed. 1602 (1947).
examined Cited "see" Lopez v. Aran (3×)
D.P.R. · 1986 · signal: see · confidence high
See Cope v. Anderson, 331 U.S. 461, 464 , 67 S.Ct. 1340, 1341-42 , 91 L.Ed. 1602 (1947).
examined Cited "see" DelCostello v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers (3×)
D. Maryland · 1984 · signal: see · confidence high
See Cope v. Anderson, 331 U.S. 461, 464 , 67 S.Ct. 1340, 1341 , 91 L.Ed. 1602 (1947); Santos v. District Council of New York City & Vi *908 cinity of United Brotherhood of Carpenters & Joiners of America, 619 F.2d 963, 968 (2d Cir.1980); Butler v. Local Union 823, 514 F.2d 442, 448-49 (8th Cir.), cert. denied, 423 U.S. 924 , 96 S.Ct. 265 , 46 L.Ed.2d 249 (1975).
examined Cited "see" Smith v. United Transportation Union Local No. 81 (3×)
S.D. Cal. · 1984 · signal: see · confidence high
See Cope v. Anderson, 331 U.S. 461, 464 , 67 S.Ct. 1340, 1341 , 91 L.Ed. 1602 (1947); Russell v. Todd, 309 U.S. 280, 289 , 60 S.Ct. 527, 532 , 84 L.Ed. 754 (1940).
examined Cited "see" Western Mountain Oil, Inc. v. Gulf Oil Corp. (3×)
Temp. Emerg. Ct. App. · 1983 · signal: see · confidence high
See, Cope v. Anderson, 331 U.S. 461, 464 , 67 S.Ct. 1340, 1341 , 91 L.Ed. 1602 (1946); Rawlings v. Ray, 312 U.S. 96, 98 , 61 S.Ct. 473, 474 , 85 L.Ed. 605 (1941).
examined Cited "see" Williams v. Fulton County Jail (3×)
N.D. Ill. · 1983 · signal: see · confidence high
See Cope v. Anderson, 331 U.S. 461 , 67 S.Ct. 1340 , 91 L.Ed. 1602 (1947); Burns v. Union Pacific R.R., 564 F.2d 20, 21-22 (8th Cir.1977).
examined Cited "see" Yanci Dupree v. Burtell Jefferson (3×)
D.C. Cir. · 1981 · signal: see · confidence high
See Cope v. Anderson, 331 U.S. 461, 464 , 67 S.Ct. 1340, 1341 , 91 L.Ed. 1602, 1607 (1947); Angelo-Colombian Dev.
examined Cited "see" Letson v. Liberty Mutual Insurance (3×)
N.D. Ga. · 1981 · signal: see · confidence high
See Cope v. Anderson, 331 U.S. 461 , 67 S.Ct. 1340 , 91 L.Ed. 1602 (1947); Holmberg v. Armbrecht, 327 U.S. 392 , 66 S.Ct. 582 , 90 L.Ed. 743 (1946); Leonick v. Jones and Laughlin Steel Corp., 258 *1225 F.2d 48 (2d Cir. 1958); Delman v. Federal Products Corp., 251 F.2d 123 (1st Cir. 1958); Donner v. Levine, 232 F.2d 185 (2d Cir. 1956); Ufland v. Buffalo Courier Express, 394 F.Supp. 199 (W.D.N.Y.1974). 4 .
examined Cited "see" Williams v. Walsh (3×)
2d Cir. · 1977 · signal: see · confidence high
Specifically, when, as here, a suit in aid of a federally-created right is brought seeking both legal and equitable relief, “equity will withhold its remedy if the legal right is barred by the local statute of limitations.” Russell v. Todd, 309 U.S. 280, 289 , 60 S.Ct. 527, 532 , 84 L.Ed. 754 (1940); see Cope v. Anderson, 331 U.S. 461, 463-64 , 67 S.Ct. 1340 , 91 L.Ed. 1602 (1947); 2 Moore’s Federal Practice H 3.07[3], at 762.
examined Cited "see" Williams v. Walsh (3×)
2d Cir. · 1977 · signal: see · confidence high
Specifically, when, as here, a suit in aid of a federally-created right is brought seeking both legal and equitable relief, "equity will withhold its remedy if the legal right is barred by the local statute of limitations." Russell v. Todd, 309 U.S. 280, 289 , 60 S.Ct. 527, 532 , 84 L.Ed. 754 (1940); see Cope v. Anderson, 331 U.S. 461, 463-64 , 67 S.Ct. 1340 , 91 L.Ed. 1602 (1947); 2 Moore's Federal Practice P 3.07(3), at 762. 11 That this principle should govern the disposition of the present case is settled by Swan v. Board of Higher Education, 319 F.2d 56 (2d Cir. 1963).
examined Cited "see" Roberts v. Western Airlines (3×)
N.D. Cal. · 1976 · signal: see · confidence high
See Cope v. Anderson, 331 U.S. 461, 463-464 , 67 S.Ct. 1340 , 91 L.Ed. 1602 (1947); United States v. Georgia Power Company, supra, 474 F.2d at 922-924 .
examined Cited "see" Billy G. Butler v. Local Union 823, International Brotherhood Of Teamsters, Chauffeurs, Warehousemen And Helpers Of America (3×)
8th Cir. · 1975 · signal: see · confidence high
See Cope v. Anderson, 331 U.S. 461, 464 , 67 S.Ct. 1340 , 91 L.Ed. 1602 (1947); Donaldson v. O'Connor, 493 F.2d 507, 529 (5th Cir.), cert. granted, --- U.S. ---, 95 S.Ct. 171 , 42 L.Ed.2d 138 (1974); Antonioli v. Lehigh Coal & Navigation Co., 451 F.2d 1171, 1175 (3rd Cir. 1971); Vanderboom v. Sexton, supra, 422 F.2d at 1240. 28 The action against the Local obviously could not have accrued until the Local engaged in the acts of unfair representation in the grievance process.
examined Cited "see" Murphy v. First National Bank of Chicago (3×)
Iowa · 1975 · signal: see · confidence high
See Cope v. Anderson, 331 U.S. 461, 467 , 67 S.Ct. 1340 , 91 L.Ed. 1602 .
examined Cited "see" Butler v. Local Union 823, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America (3×)
8th Cir. · 1975 · signal: see · confidence high
See Cope v. Anderson, 331 U.S. 461, 464 , 67 S.Ct. 1340 , 91 L.Ed. 1602 (1947); Donaldson v. O’Connor, 493 F.2d 507, 529 (5th Cir.), cert. granted, 419 U.S. 894 , 95 S.Ct. 171 , 42 L.Ed.2d 138 (1974); Antonioli v. Lehigh Coal & Navigation Co., 451 F.2d 1171, 1175 (3rd Cir. 1971); Vanderboom v. Sexton, supra, 422 F.2d at 1240.
examined Cited "see" Allied Steel & Tractor Products, Inc. v. First National City Bank (3×)
N.D. Ohio · 1971 · signal: see · confidence high
J.); Rome v. Eltra Corp., 297 F.Supp. 314 (E.D.Pa.1969); General Electric Credit Corp. v. James Talcott, Inc., 271 F.Supp. 699 (S.D.N.Y.1966); See Cope v. Anderson, 331 U.S. 461, 467 , 67 S.Ct. 1340 , 91 L.Ed. 1602 (1947).
examined Cited "see" Chester Railing and Paul Railing, D/B/A C & P Coal Company v. United Mine Workers of America (6×)
4th Cir. · 1970 · signal: see · confidence high
See Cope v. Anderson, 331 U.S. 461 , 67 S.Ct. 1340 , 91 L.Ed. 1602 (1947).
Retrieving the full opinion text from the archive…
Cope
v.
Anderson, Receiver
NO. 593.
Supreme Court of the United States.
Jun 2, 1947.
331 U.S. 461
1947 U.S. LEXIS 2849
Harold Evans argued the cause for petitioner in No. 593. With him on the brief was John Wintersteen., Robert S. Marx argued the cause for petitioner in No. 656 and respondent in No. 593. With him on the briefs were Frank E. Wood, Harry Kasfir and Wm. C. Kelly., Murray Seasongood argued the cause for respondents in No. 656. With him on the brief were Robert P. Goldman and Joseph A. Segal.
Black.
Cited by 300 opinions  |  Published
4 passages pin-cited by 6 cases
Pinpoint authority: #10,129 of 633,719
Citer courts: Seventh Circuit (6) · First Circuit (3) · Eighth Circuit (3) · N.D. Indiana (3) · E.D. Pennsylvania (3)
[*463] Mr. Justice Black

delivered the opinion of the Court.

In Anderson v. Abbott, 321 U. S. 349, we held that the shareholders of BancoKentucky Company, a bank-stock-holding company, were liable under 12 U. S. C. § § 63, 64, for an assessment on shares of an insolvent national bank held in the portfolio of the holding company. That suit was brought in a Kentucky District Court against Banco stockholders residing in that District. These suits in equity were brought in Federal District Courts in Ohio and Pennsylvania to enforce assessments against Ohio and Pennsylvania stockholders of Banco. In No. 656 the District Court in Ohio overruled a motion to dismiss made on the ground, among others, that the bill showed on its face that the action was barred by an Ohio statute of limitations. [1] The Sixth Circuit Court of Appeals reversed. 156 F. 2d 47. In No. 593 the Third Circuit Court of Appeals reversed the decision of the District Court in Pennsylvania which had held the action there barred by the Pennsylvania statute of limitations. 156 F. 2d 972. We granted certiorari to consider both cases. 329 U. S. 707.

There is no federal statute of limitations fixing the period within which suits must be brought to enforce the statutory double liability of shareholders of insolvent national banks. For this reason we look to Ohio and Pennsylvania law to determine the period in which these suits may be brought. McDonald v. Thompson, 184 U. S. 71; McClaine v. Rankin, 197 U. S. 154, 158; Rawlings v. Ray, 312 U. S. 96, 97. Even though these suits are in equity, the states' statutes of limitations apply. For it is only the[*464] scope of the relief sought and the multitude of parties sued which give equity concurrent jurisdiction to enforce the legal obligation here asserted. And equity will withhold its relief in such a case where the applicable statute of limitations would bar the concurrent legal remedy. Russell v. Todd, 309 U. S. 280, 289 and cases cited. See also Guaranty Trust Co. v. York, 326 U. S. 99; Holmberg v. Armbrecht, 327 U. S. 392, 395-396.

But even though the period in which suit must be brought is governed by state limitations statutes, we have previously decided that the question of when the applicable state statute of limitations begins to run depends upon when, under federal law, the Comptroller of the Currency, or his authorized agent, is empowered by federal law to bring suit. And the Comptroller’s agent, the Receiver here, could not bring these actions until the date for payment fixed by the Comptroller. Rawlings v. Ray, supra, 98, 99; Fisher v. Whiton, 317 U. S. 217, 220, 221. The date for payment fixed by the Comptroller in this instance was April 1, 1931. These actions were instituted more than five but less than six years after the payments became due under the Comptroller’s assessment order.

With regard to No. 656, the Ohio proceeding, the Ohio statute of limitations provides that suit “upon a liability created by statute other than a forfeiture or penalty, shall be brought within six years after the cause thereof accrued.” Ohio Gen. Code (Page, 1938) § 11222. This statute describes the liability sued on here, and if applicable does not bar this suit. But the scope of this general provision is narrowed by another known as the “borrowing statute” which reads:

“If the laws of any state or country where the cause of action arose limits the time for the commencement of the action to a less number of years than do the[*465] statutes of this state in like causes of action then said cause of action shall be barred in this state at the expiration of said lesser number of years.” Ohio Gen. Code (Page, 1938) § 11234.

If the cause of action arose in Kentucky, the “borrowing statute” applies Kentucky’s statute of limitations, and this suit is barred. For Kentucky’s law requires that an “action upon a liability created by statute . . . shall be commenced within five years after the cause of action accrued.” Ky. Rev. Stat. (Baldwin, 1943) § 413.120.

The Receiver contends that the Ohio borrowing statute’s language “the laws of any state or country where the cause.of action arose” has reference to “a system of jurisprudence other than Ohio’s,” and does not refer “necessarily to territorial limits” within which events occurred giving rise to an enforceable obligation. The place where the events giving rise to a cause of action occur is said to be “important only insofar as the laws of that place are controlling.” Under this argument, the cause of action here could not have “arisen” in any state since the statutory obligation of shareholders was not imposed or controlled by state law. Hence, the argument runs, the Ohio law did not contemplate borrowing any state statute of limitations in a case where liability is governed by federal law. And no federal statute of limitations could be borrowed in this case for none existed. Therefore, it is argued, only Ohio’s general six-year statute of limitations applies.

The consequence of accepting this contention would be that the Ohio borrowing statute would have no effect at all as to suits brought in Ohio state courts to enforce actions authorized by federal law. For, of course, Ohio courts could never borrow a non-existent federal statute of limitations. And if there were a federal statute of limitations governing a federally created right, that statute[*466] would control of its own force. Herget v. Central National Bank & Trust Co., 324 U. S. 4. We have been cited to no decision by any Ohio court which would lead us to believe that its borrowing statute should be given such a sterilizing interpretation. Cf. Townsend v. Eichelberger, 51 Ohio St. 213, 216, 38 N. E. 207, 208.

We find it unnecessary to our decision to discuss the contentions made here concerning differences between a “cause of action” and a “liability.” The Ohio Supreme Court has itself said that a “cause of action is the fact or combination of facts which gives rise to a right of action, the existence of which affords a party a right to judicial interference in his behalf.” Baltimore & O. R. Co. v. Larwill, 83 Ohio St. 108, 115-116, 93 N. E. 619, 621. We have been referred to nothing in Ohio statutes or decisions which indicates that it used “cause of action” in any different sense in its borrowing statute. The purpose of the state’s borrowing statute, [2] as those of other states, [3] was apparently to require its courts to bar suits against an Ohio resident if the right to sue him had already expired in another state where the combination of circumstances giving rise to the right to sue had taken place. Moreover, limitations on federally created rights to sue have similarly been considered to be governed by the limitations law of the state where the crucial combination of events transpired. Seaboard Terminals Corp. v. Standard Oil Co., 24 F. Supp. 1018, 104 F. 2d 659; Bluefields S. S. Co. v. United Fruit Co., 243 F. 1, 19-20. See Campbell v. Haverhill, 155 U. S. 610; Chattanooga Foundry & Pipe Works v. Atlanta, 203 U. S. 390, 397.

Our appraisal of the Ohio borrowing statute, the opinions of the courts of that state, and the circumstances[*467] leading to this suit, persuade us that the cause of action “arose” in Kentucky within the meaning of the Ohio borrowing statute. The bank was authorized to do its banking business in Louisville and did business in no other place. See 12 U. S. C. § 81. Nor was this bank’s business any the less local because its shares were held in the portfolio of a Delaware corporation. Many provisions of federal law make national banks, in important aspects, peculiarly local institutions. See 12 U. S. C. §§ 30, 33, 34 (a), 36, 51, 62, 72. For jurisdictional purposes, a national bank is a “citizen” of the state in which it is established or located, 28 U. S. C. § 41 (16), and in that district alone can it be sued. 12 U. S. C. § 94. True, when insolvency occurs, there is a shift in bank management, but the bank’s activities are still necessarily rooted in its local habitat. In this case the Receiver’s office was located in Louisville, the home of the bank; payment of assessments, like other obligations due the bank, could have been made there, and, in fact, shareholders were notified by the Receiver to pay at his office in Louisville. [4] Liquidation of a local bank, like its daily operations, must from necessity and in the interest of good business be carried on, in the main, in the community where the bank did business with its depositors and other customers. Practically everything that preceded the final fixing of liability of shareholders derived from Kentucky transactions. We have been referred to no Ohio decisions, and have been unable to find any, which contradict our conclusion that events which culminated in this suit justify our holding that this “cause of action” “arose” in Kentucky within the meaning of the Ohio statute. See Hunter v. Niagara Fire Ins. Co., 73 Ohio St. 110, 76 N. E. 563; Atropa Corp. v. Kirchwehm, [*468] 138 Ohio St. 30, 33 N. E. 2d 655; Payne v. Kirchwehm, 141 Ohio St. 384, 48 N. E. 2d 224; Bowers v. Holabird, 51 Ohio App. 413, 1 N. E. 2d 326; National Bondholders Corp. v. Stoddard, 22 Ohio O. 145, 8 Ohio Supp. 19. See also Hilliard v. Pennsylvania R. Co., 73 F. 2d 473, 475-476; Note, 15 U. of Cin. L. Rev. 337 (1941); Note, 21 Ohio O. 107 (1941). Therefore the judgment in No. 656 is affirmed.

In No. 593, the Pennsylvania action, the same considerations are controlling. The general statute of limitations of that state which would be applicable to this action had it arisen in Pennsylvania, like Ohio’s general statute, provides a six-year period in which this suit could be brought. 12 Pa. Stat. § 31 (Purdon, 1931). But Pennsylvania also has a “borrowing statute” which provides : “When a cause of action has been fully barred by the laws of the state or country in which it arose, such bar shall be a complete defense to an action thereon brought in any of the courts of this commonwealth.” 12 Pa. Stat. § 39 (Purdon, 1931). Our review of Pennsylvania decisions construing this statute persuades us that the borrowing statute is applicable to this case, that under that statute this cause of action “arose” in Kentucky, and that the five-year statute of Kentucky bars this action. See Mister v. Burkholder, 56 Pa. Super. 517; Fletcher’s Estate, 45 Pa. D. & C. 673, 674; Bell v. Brady, 346 Pa. 666, 31 A. 2d 547; Shaffer’s Estate, 228 Pa. 36, 40, 76 A. 716, 717. Cf. Rosenzweig v. Heller, 302 Pa. 279, 153 A. 346. See also Notes, 88 U. of Pa. L. Rev. 878 (1940), 4 U. of Pitt. L. Rev. 215 (1938). The judgment of the Circuit Court of Appeals in No. 593 is therefore reversed.

So ordered.

The Chief Justice took no part in the consideration or decision of these cases.
1

For convenience, the motion was made by only four defendants who are respondents here. The case was continued as to the others pending final disposition of the question concerning the statute of limitations, the only ground of the motion to dismiss upon which the District Court passed.

2

See 25 Ohio Jurisprudence 435-440 (1932).

3

See Note, 75 A. L. R. 203 (1931); Note, 35 Col. L. Rev. 762 (1935).

4

Whether notice by the Receiver to pay at a particular place could alter the conclusive situation as to where a cause of action might be considered to “arise” under other circumstances is a question we need not decide.