Legal Opinion

Clark's Admr. v. Wilmington Savings Bank

Supreme Court of Vermont

Decided March 1, 1915PublishedCited by 11 opinions

General Assumpsit. Pleas, the general issue and payment. Trial by jury at the April Term, 1914, Windham County. Stanton, J., presiding. Verdict and judgment for the plaintiff. ' The defendant excepted. The deposition in question was filed in the Windham County Clerk’s office on December 31, 1910. 'The opinion states the case.

1Opinion of the CourtSlack, J.

This is an action of general assumpsit, brought to recover the amount of a deposit which the plaintiff’s intestate formerly had in the defendant bank. Plea, general issue and payment, and special plea of payment to one Charles Clark, upon the written order of the intestate.

On the first day of January, 1908, the plaintiff’s intestate, Arthusa Clark, had a deposit in the defendant bank, amounting to $548.34. On that day Charles Clark, a stepson of the intestate, presented to the defendant an order in writing of the following tenor, to wit: “The Wilmington Savings Bank. Upon presentation of my…

2Cases cited5 opinions

  1. Simpson v. DixMassachusetts Supreme Judicial Court · 1881
  2. The SaranacDistrict Court, W.D. New York · 1904
  3. Johnson v. PerrySupreme Court of Vermont · 1882
  4. Stevenson v. Illinois Central RailroadCourt of Appeals of Kentucky · 1914
  5. Winslow v. MosherSupreme Judicial Court of Maine · 1841

3Cited by11 opinions

  1. State v. LamppDistrict Court of Appeal of Florida · 1963
  2. Land Finance Corp. v. St. Johnsbury Wiring Co.Supreme Court of Vermont · 1927
  3. Bonazzi v. FortneySupreme Court of Vermont · 1920
  4. Shores v. SimantonSupreme Court of Vermont · 1925
  5. Domenchini's Administrator v. Hoosac Tunnel & Wilmington RailroadSupreme Court of Vermont · 1916

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