Abbott v. Wolfeborough Savings Bank
Supreme Court of New Hampshire
Petition, of Sewall W. Abbott and fourteen others against the Wolfeborough Savings Bank, praying that the bank be ordered to pay the plaintiffs the amount of certain special deposits in full. The bank commissioners, to protect the general depositors, appear to oppose the petition. Facts found by the court. In October, 1893, an injunction”against the bank was granted by the supreme court on application of the bank commissioners.
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Petition, of Sewall W. Abbott and fourteen others against the Wolfeborough Savings Bank, praying that the bank be ordered to pay the plaintiffs the amount of certain special deposits in full. The bank commissioners, to protect the general depositors, appear to oppose the petition. Facts found by the court. In October, 1893, an injunction”against the bank was granted by the supreme court on application of the bank commissioners. At that time the plaintiffs had certain sums on deposit with the bank as special deposits, and held pass-books marked “ special.” The deposits were not made as…
1Opinion of the CourtBlodgett, J.
In the view most unfavorable to the plaintiffs, no ground appears which authorizes the bank to keep with out-repayment any part of the money received from them. Doubtless the power of savings banks, in common with other corporations, is limited by the purposes for which they are created and by those which are named in the charter or act authorizing their existence ; but even admitting that the receiving of the plaintiffs’ deposits in the manner detailed in the case was foreign to the purposes of the bank’s creation, unauthorized by its legalized powers, and within the prohibition of the…
2Cases cited5 opinions
- Manchester & Lawrence Railroad v. Concord RailroadSupreme Court of New Hampshire · 1889
- Cogswell v. Rockingham Ten Cents Savings-BankSupreme Court of New Hampshire · 1879
- Norton v. Derry National BankSupreme Court of New Hampshire · 1882
- Connecticut River Savings-Bank v. FiskeSupreme Court of New Hampshire · 1880
- West v. Town of ErrolSupreme Court of New Hampshire · 1877