Nineteenth Ward Bank v. First National Bank
Massachusetts Supreme Judicial Court
Contract, with counts for money had and received and upon an insimul computassent, to recover the amount of a note of A. O. Crawford and Company sent by the plaintiff to the defendant for collection.
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Contract, with counts for money had and received and upon an insimul computassent, to recover the amount of a note of A. O. Crawford and Company sent by the plaintiff to the defendant for collection. Writ dated October 12, 1901. The answer contained a general denial and also set up a special defence, alleging that A. O. Crawford and Company on the day of the maturity of the note made an assignment for the benefit of creditors including the deposit in the defendant bank, of which it was alleged that the defendant had notice before payment of the note was demanded. In the Superior Court the…
1Opinion of the CourtHammond, J.
The sole question is whether the note was paid before the defendant was notified of the failure and assignment of the makers. The judge found that it had not been paid. This finding must stand unless there was some error of law made at the trial.
The facts do not seem to be in dispute, and, stated in its lowest terms, the real question is whether they show as matter of law a payment of the note.
The note properly indorsed was sent several days before its maturity to the defendant for “ collection and remittance.” The makers were regular depositors at the defendant bank, and the note was upon…
2Cases cited2 opinions
- Indig v. . National City BankNew York Court of Appeals · 1880
- Wyman v. Fort Dearborn National BankIllinois Supreme Court · 1899
3Cited by36 opinions
- City of Douglas v. Federal Reserve Bank of DallasSupreme Court of the United States · 1926
- Baldwin's Bank of Penn Yan v. SmithNew York Court of Appeals · 1915
- Raymer v. Bay State National BankMassachusetts Supreme Judicial Court · 1981
- Hecker-Jones-Jewell Milling Co. v. Cosmopolitan Trust Co.Massachusetts Supreme Judicial Court · 1922
- Cosmopolitan Trust Co. v. Leonard Watch Co.Massachusetts Supreme Judicial Court · 1924
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