Batchelder v. Central National Bank
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on May 12, 1902, by the trustee under the will of Allen F. Gray, late of Lynnfield, alleging that one Waterman, the predecessor of the plaintiff as trustee, sold certain property belonging to the trust and received in payment a check for $4,020.63 payable to Waterman as trustee, that Waterman indorsed this check as trustee and deposited it in his individual account in the Central National Bank of Boston, the defendant, and…
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Bill in equity, filed in the Supreme Judicial Court on May 12, 1902, by the trustee under the will of Allen F. Gray, late of Lynnfield, alleging that one Waterman, the predecessor of the plaintiff as trustee, sold certain property belonging to the trust and received in payment a check for $4,020.63 payable to Waterman as trustee, that Waterman indorsed this check as trustee and deposited it in his individual account in the Central National Bank of Boston, the defendant, and that thereafter Waterman departed to parts unknown and failed to account for the proceeds of the check; praying that the…
1Opinion of the CourtBarker, J.
The short answer to the plaintiff’s case is the finding that he has not sustained the burden of proving that the bank had reason to believe that Waterman was acting dishonestly. The bank was not a creditor of his, and the only deposit account he had with it was one to his personal credit. The bank had no other knowledge even that he held any trust than such as it might have inferred from the fact of the form of the check. Under those circumstances it cannot be ruled as matter of law that. for him to deposit to his personal account funds which he took as trustee was a dishonest act on his…
2Cases cited1 opinion
- Duckett v. National Mechanics' BankCourt of Appeals of Maryland · 1897
3Cited by20 opinions
- Bischoff v. . Yorkville BankNew York Court of Appeals · 1916
- Allen v. Puritan Trust Co.Massachusetts Supreme Judicial Court · 1912
- Rodgers v. Bankers National BankSupreme Court of Minnesota · 1930
- Kendall v. Fidelity Trust Co.Massachusetts Supreme Judicial Court · 1918
- United States Fidelity & Guaranty Co. v. Home Bank for SavingsWest Virginia Supreme Court · 1916
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