Winslow v. Everett National Bank
Massachusetts Supreme Judicial Court
Contract, to recover $618.87, deposited by the plaintiffs with the defendant, with a count for refusing to honor a check for the same amount. Trial in the Superior Court, without a jury, before Hardy, J., who found for the plaintiffs; and the defendant alleged exceptions. The facts appear in the opinion. The case was argued at the bar in November, 1897, and after-wards was submitted on briefs to all the justices.
1Opinion of the CourtHolmes, J.
This is an action in the name of a depositor in the defendant bank to recover a sum deposited with it, with a count for refusing to honor a check for the same amount. The check was given by the plaintiffs to the Shepard and Morse Lumber Company, and was abstracted by Fowle and used in the way explained in the previous case. Shepard & Morse Lumber Co. v. Eldridge, ante, 516. The defendant paid a holder under an indorsement forged by Fowle, and refused to pay the holder under a true indorsement made at a later time after the forgery had been discovered. This action is brought by the lumber…
2Cases cited1 opinion
- Leather Manufacturers' Bank v. Merchants' BankSupreme Court of the United States · 1888
3Cited by2 opinions
- Taft v. Quinsigamond National BankMassachusetts Supreme Judicial Court · 1899
- O. J. Lewis Mercantile Co. v. HarrisSupreme Court of Arkansas · 1911