Brabrook v. Boston Five Cents Savings Bank
Massachusetts Supreme Judicial Court
Contract for money had and received. The case was submitted to the judgment of the court on facts agreed as follows: On July 10, 1860, David Knowles, the father of the plaintiff, then Eliza H. Knowles, but since married to George Brabrook, gave to John T. Dingley $3000, to deposit with the defendants.
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Contract for money had and received. The case was submitted to the judgment of the court on facts agreed as follows: On July 10, 1860, David Knowles, the father of the plaintiff, then Eliza H. Knowles, but since married to George Brabrook, gave to John T. Dingley $3000, to deposit with the defendants. “ If it would be competent to prove by paroi evidence, it is agreed that Dingley informed David Knowles that the by-laws of the defendants did not allow so large a deposit in the name of one person, but that he could deposit it in the names of his children for himself. Thereupon Dingley, by the…
1Opinion of the CourtWells, J.
The plaintiff shows no right to hold the money deposited with the defendant by David Knowles. It was not money that belonged to her originally, as was the case in Farrelly v. Ladd, 10 Allen, 127, and Hunnewell v. Lane, 11 Met. 163, relied upon by the plaintiff’s counsel. The money belonged to David Knowles in his own right. He was not in fact trustee for Eliza Knowles, otherwise than by the form of the deposit. He was under no previous obligation to pay the money to her, or to hold it for her benefit. The voucher for the deposit, without the production of which, according to the conditions…
2Cases cited9 opinions
- Maynard v. MaynardMassachusetts Supreme Judicial Court · 1813
- Grangiac v. ArdenNew York Supreme Court · 1813
- Howard v. Windham County Savings BankSupreme Court of Vermont · 1868
- Ross v. RossCourt of Appeals of Kentucky · 1860
- McCluskey v. Provident Institution for SavingsMassachusetts Supreme Judicial Court · 1869
4 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
- Martin v. . FunkNew York Court of Appeals · 1878
- Telford v. PattonIllinois Supreme Court · 1892
- Cummings v. BramhallMassachusetts Supreme Judicial Court · 1876
- Kendrick v.RayMassachusetts Supreme Judicial Court · 1899
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