Smith v. Merchants National Bank

This is an action of contract2 whereby the plaintiff seeks to recover the amount of a check which *482was paid by the ’ defendant. This check was drawn by John W. Smith, the husband of the plaintiff, on a joint account in the defendant bank, standing in the name of John W. Smith and the plaintiff. The trial judge found for the plaintiff but upon report the Appellate Division reversed the finding of the judge because of his failure to give certain requests of the defendant and ordered judgment to be entered for the defendant by virtue of G. L. (Ter. Ed.) c. 231, §§ 110, 124. The action comes here…