Jochumsen v. Suffolk Savings Bank
Massachusetts Supreme Judicial Court
Contract against a savings bank, to recover the amount of a deposit therein, with interest. In the superior court, the following facts were agreed: The plaintiff, a Danish seaman, on the 10th of May 1848 deposited with the defendants one hundred and thirty dollars, and on the 26th of July following twenty dollars more, signed an agreement to be bound by the by-laws, and within a month after making the last deposit went to California, leaving his deposit book with one Benson,…
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Contract against a savings bank, to recover the amount of a deposit therein, with interest. In the superior court, the following facts were agreed: The plaintiff, a Danish seaman, on the 10th of May 1848 deposited with the defendants one hundred and thirty dollars, and on the 26th of July following twenty dollars more, signed an agreement to be bound by the by-laws, and within a month after making the last deposit went to California, leaving his deposit book with one Benson, and was not heard from until June 1860, when he returned. In May 1860, Henry P. Rolfe was appointed by the judge of…
1Opinion of the CourtDewey, J.
There is nothing found in the by-laws of this savings bank that will prevent the plaintiff’s recovery of the money deposited by him, if his rights are not barred upon the more general ground of payment to one authorized to receive the same under the general laws applicable to debtor and creditor.
We do not perceive in the 11th article of the by-laws any estoppel against the plaintiff. The language of the article is as follows: “ Upon the death of any depositor, the money standing to his credit shall be paid to his legatee, or heir at law, or legal representative,” “ and it is agreed that such…
2Cases cited4 opinions
- Griffith v. FrazierSupreme Court of the United States · 1814
- Smith v. RiceMassachusetts Supreme Judicial Court · 1814
- Cutts v. HaskinsMassachusetts Supreme Judicial Court · 1813
- Wales v. WillardMassachusetts Supreme Judicial Court · 1806
3Cited by1 opinion
- Hanley v. WadleighSupreme Court of New Hampshire · 1936