Legal Opinion

Smith v. Bank of New England

Supreme Court of New Hampshire

Decided January 7, 1903PublishedCited by 10 opinions

Btll in Equity. Transferred from the January term, 1902, of the superior court by Young, J. March 29, I 892, the Union Trust Company and the defendants entered into a contract, for the benefit of all parties who should become interested in the subject-matter, wherein it was provided that the Trust Company should issue certificates of deposit, and as security therefor should assign and transfer to the defendants, as trustees, real estate mortgages, stocks, bonds, and tax-sale…

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Btll in Equity. Transferred from the January term, 1902, of the superior court by Young, J. March 29, I 892, the Union Trust Company and the defendants entered into a contract, for the benefit of all parties who should become interested in the subject-matter, wherein it was provided that the Trust Company should issue certificates of deposit, and as security therefor should assign and transfer to the defendants, as trustees, real estate mortgages, stocks, bonds, and tax-sale certificates, the face value of which should exceed by ten per cent the amount of certificates issued; and the…

1Opinion of the CourtRemiok, J.

This case has been here twice before. First it came up on demurrer to the bill, and the demurrer was overruled. Smith v. Bank, 69 N. H. 254. A trial upon the merits followed, verdict for the plaintiff, exceptions to this court, and the exceptions were overruled. Smith v. Bank, 70 N. H. 187. The case was then in order for judgment for the plaintiffs; but as the validity of the'trust contract, out of which the rights and obligations of the parties arise, was admitted at the former trial, the sole question there being whether the defendants as trustees had exercised due care in the performance…

2Cases cited8 opinions

  1. Bank of United States v. DandridgeSupreme Court of the United States · 1827
  2. Martin v. WebbSupreme Court of the United States · 1884
  3. Pittsburgh, Cincinnati & St. Louis Railway Co. v. Keokuk & Hamilton Bridge Co.Supreme Court of the United States · 1889
  4. Hanover National Bank v. American Dock & Trust Co.New York Court of Appeals · 1896
  5. Mattocks v. MoultonSupreme Judicial Court of Maine · 1892

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3Cited by10 opinions

  1. Farmers State Bank v. HaunWyoming Supreme Court · 1924
  2. McCartney v. Clover Valley Land & Stock Co.Court of Appeals for the Eighth Circuit · 1916
  3. Atto v. SaundersSupreme Court of New Hampshire · 1915
  4. Edelstone v. Salmon Falls Manufacturing Co.Supreme Court of New Hampshire · 1930
  5. American Bonding Co. of Baltimore v. RichardsonCourt of Appeals for the Sixth Circuit · 1914

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