Belknap v. National Bank of North America
Massachusetts Supreme Judicial Court
Contract to recover $701.49 deposited by the plaintiffs with the defendants. Answer, that the defendants duly paid upon checks of the plaintiffs the amount sued for.
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Contract to recover $701.49 deposited by the plaintiffs with the defendants. Answer, that the defendants duly paid upon checks of the plaintiffs the amount sued for. At the trial in the superior court, before Morton, J., it was not disputed that the defendants paid the amount on two checks, signed by the plaintiffs, the first of which was in form substantially as follows, and the second precisely resembled it, except in the name of the payee, (Edward Williams,) the number of the check, (10,982,) and the amount thereof ($371.86): “ The National Bank of North America. $[329.63.] Boston, [June…
1Opinion of the CourtChapman, C. J.
It appears that the plaintiffs signed several checks drawn upon the defendants, payable to [blank] or order, and leS: them with Wilde, their book-keeper, to be filled up and sent by mail to several parties living at a distance, for the payment of debts owed to them severally. Wilde handed these checks to Bryant, the clerk, to be filled up with the proper dates, names and amounts, leaving them payable to the order of the several creditors. Bryant did so, and then returned them to the book-keeper, who examined them, found them correct, stamped them, cancelled the stamps, placed them, with the…
2Cases cited1 opinion
- Putnam v. SullivanMassachusetts Supreme Judicial Court · 1808
3Cited by17 opinions
- Jordan Marsh Co. v. National Shawmut BankMassachusetts Supreme Judicial Court · 1909
- Greenfield Savings Bank v. StowellMassachusetts Supreme Judicial Court · 1877
- Otis Elevator Co. v. First Nat'l Bank of S.F.California Supreme Court · 1912
- Scollans v. RollinsMassachusetts Supreme Judicial Court · 1901
- Shepard & Morse Lumber Co. v. EldridgeMassachusetts Supreme Judicial Court · 1898
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