Curtis v. Portland Savings Bank
Supreme Judicial Court of Maine
On report. Assumpsit for money had and received. The writ was dated September 6, 1883. The plea was the general issue. The plaintiff is the niece of Mrs. Jane McCue, deceased, and brings this action to recover the balance due on the deposit made by Mrs. McCue in her lifetime, in the defendant bank. The plaintiff’ went with Mrs. McCue to the bank in March, 1878, when, by her aunt’s direction, an officer of the bank made this memorandum on the deposit book, "Sub. also to Cath.
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On report. Assumpsit for money had and received. The writ was dated September 6, 1883. The plea was the general issue. The plaintiff is the niece of Mrs. Jane McCue, deceased, and brings this action to recover the balance due on the deposit made by Mrs. McCue in her lifetime, in the defendant bank. The plaintiff’ went with Mrs. McCue to the bank in March, 1878, when, by her aunt’s direction, an officer of the bank made this memorandum on the deposit book, "Sub. also to Cath. E. Curtis.” Mrs. McCue retained possession of the deposit book and subsequently on various occasions both deposited and…
1Opinion of the CourtVirgin, J.
When the plaintiff, by direction of her aunt, took the key from the bureau drawer, unlocked the trunk and took therefrom the savings bank book, her aunt said: " Now keep this, and if anything happens to me, bury me decently and put a headstone over me, and anything that is left is yours.” This, in our opinion, constituted a gift causa mortis.
The former entry of, " subject also to Cath. E. Curtis,” which the depositor caused the bank officer to make in March, 1878, in her savings bank book, and also in the book of the bank, showed that she then had in contemplation a gift to the plaintiff, but…
2Cases cited2 opinions
- Pierce v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1880
- Davis v. NeyMassachusetts Supreme Judicial Court · 1878
3Cited by7 opinions
- Jones v. WeakleySupreme Court of Alabama · 1892
- Reynolds, Adr. v. MaustSuperior Court of Pennsylvania · 1940
- Miles v. MilesSupreme Court of Iowa · 1914
- Smith v. Ossipee Valley Ten Cents Savings BankSupreme Court of New Hampshire · 1886
- In re the Accounting of ChollarNew York Surrogate's Court · 1951
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