Legal Opinion

Neal v. Wilson

Massachusetts Supreme Judicial Court

Decided January 28, 1913PublishedCited by 34 opinions

Contract by the receiver of the American National Bank of Boston against the drawer of a check for $250 upon the State National Bank of Boston, payable to the drawer’s order and indorsed by him. Writ in the Municipal Court of the City of Boston dated July 20, 1910. On appeal to the Superior Court the case was tried before Hitchcock, J. The facts are stated in the opinion. There was a verdict for the plaintiff; and the defendant alleged exceptions.

1Opinion of the CourtLoring, J.

This was an action by the receiver of the American National Bank against the drawer of a check which on present*337ment had been dishonored by the drawee. On the day on which the check was drawn the defendant went to the bank with one Craig, who admittedly was a clerk of one Pearson. The defendant testified that the cashier of the bank told him (the defendant) that Pearson’s account with the bank was overdrawn to the amount of $250; that Pearson was in New Hampshire and "it was along about halfpast one or quarter of two;” and that “he had spoken to Mr. Craig about having me put up a check of $250…

2Cases cited5 opinions

  1. Davis v. RandallMassachusetts Supreme Judicial Court · 1874
  2. Lowell v. BickfordMassachusetts Supreme Judicial Court · 1909
  3. Indian Head National Bank v. ClarkMassachusetts Supreme Judicial Court · 1896
  4. Nesson v. MillenMassachusetts Supreme Judicial Court · 1910
  5. Neal v. ScherberMassachusetts Supreme Judicial Court · 1911

3Cited by34 opinions

  1. Salem Trust Co. v. DeeryMassachusetts Supreme Judicial Court · 1935
  2. Vallely v. DevaneyNorth Dakota Supreme Court · 1923
  3. American National Bank v. KerleyOregon Supreme Court · 1923
  4. Leonard v. WoodwardMassachusetts Supreme Judicial Court · 1940
  5. Seager v. DraytonMassachusetts Supreme Judicial Court · 1914

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