Legal Opinion

Eastern Trust & Banking Co. v. Cunningham

Supreme Judicial Court of Maine

Decided February 20, 1908PublishedCited by 11 opinions

On report. Action on the case for deceit brought by the plaintiff .bank against the defendant in his individual capacity to recover a certain amount of money alleged to have been lost by the plaintiff bank on account of checks deposited in the plaintiff bank, drawn upon the Gardiner National Bank by the defendant in his capacity as treasurer of the Harmon Produce Company against a fund which, it was alleged, did not exist in the said Gardiner National Bank, with the alleged…

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On report. Action on the case for deceit brought by the plaintiff .bank against the defendant in his individual capacity to recover a certain amount of money alleged to have been lost by the plaintiff bank on account of checks deposited in the plaintiff bank, drawn upon the Gardiner National Bank by the defendant in his capacity as treasurer of the Harmon Produce Company against a fund which, it was alleged, did not exist in the said Gardiner National Bank, with the alleged intent on the part of the defendant to deceive and defraud the plaintiff bank. The plaintiff’s declaration contains…

1Opinion of the CourtSavage, J.

Action on the case for deceit. The case is before us on report. The particular transactions complained of are these. The Harmon Produce Company, a corporation doing business and having stores both at Bangor and Gardiner, on October 6, 1905, deposited in the plaintiff bank in Bangor its check dated October 5, signed by the defendant as its treasurer, on the Gardiner National Bank at Gardiner for the sum of $764.58. This deposit with other cash items amounting in all to $860 was received by the plaintiff and credited to the account of the Produce Company. The check in the regular course of…

2Cases cited2 opinions

  1. Linington v. StrongIllinois Supreme Court · 1883
  2. Cole v. CassidyMassachusetts Supreme Judicial Court · 1885

3Cited by11 opinions

  1. Letellier v. SmallSupreme Judicial Court of Maine · 1979
  2. Horner v. FlynnSupreme Judicial Court of Maine · 1975
  3. Brawn v. Oral Surgery AssociatesSupreme Judicial Court of Maine · 2003
  4. Coffin v. DodgeSupreme Judicial Court of Maine · 1950
  5. Estate of WhitlockSupreme Judicial Court of Maine · 1992

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