American Express Co. v. Cosmopolitan Trust Co.
Massachusetts Supreme Judicial Court
Contract, with a declaration in two counts, described in the opinion. Writ dated January 29,1921. In the Superior Court the action was heard by Sisk, J., upon an agreed statement of facts, and he reported it to this court for determination. The material facts and the agreement accompanying the report are described in the opinion.
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Contract, with a declaration in two counts, described in the opinion. Writ dated January 29,1921. In the Superior Court the action was heard by Sisk, J., upon an agreed statement of facts, and he reported it to this court for determination. The material facts and the agreement accompanying the report are described in the opinion. R. L. c. 73, § 9 (now G. L. c. 107, § 9), is as follows: "When a bill of exchange, drawn or endorsed within this Commonwealth and payable beyond the limits of the United States, is duly protested for non-acceptance or non-payment, the party liable thereon shall, on…
1Opinion of the CourtPierce, J.
This is an action of contract. The declaration is in two counts. The first count is for money had and received to recover $92,500, with interest at six per cent per annum from September 2, 1920, the date of the payment by the plaintiff to the defendant of said sum. The second count is for damages for the failure of the defendant to pay or cause to be paid to the plaintiff on presentment at Genoa, Italy, a check or draft which reads as follows:
*251“ 2514
Boston, Mass., U. S. A.
Lit. 2,000,000
August Thirty First 1920
Against our balance
Pay to the order of American Express Company
Duplicate being unpaid
T…
2Cases cited4 opinions
- Legniti v. Mechanics & Metals National BankNew York Court of Appeals · 1921
- Rickman v. RickmanMichigan Supreme Court · 1914
- Kittredge v. OsgoodMassachusetts Supreme Judicial Court · 1894
- Kuehne v. Union Trust Co.Michigan Supreme Court · 1903
3Cited by24 opinions
- Leach v. Battle Creek Savings BankSupreme Court of Iowa · 1926
- Chetopa State Bank v. Farmers & Merchants State BankSupreme Court of Kansas · 1923
- Commissioner of Banks v. Cosmopolitan Trust Co.Massachusetts Supreme Judicial Court · 1924
- Towle v. Commissioner of BanksMassachusetts Supreme Judicial Court · 1923
- Cosmopolitan Trust Co. v. Suffolk Knitting MillsMassachusetts Supreme Judicial Court · 1924
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