Legal Opinion

Jordan Marsh Co. v. National Shawmut Bank

Massachusetts Supreme Judicial Court

Decided March 5, 1909PublishedCited by 76 opinions

Seven actions oe contract to recover from the defendants, in whose several banks the plaintiff was a depositor, the amounts of forty-two checks, aggregating $15,684.20, alleged to have been paid by the defendants and charged to the plaintiff’s accounts without its authority.

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Seven actions oe contract to recover from the defendants, in whose several banks the plaintiff was a depositor, the amounts of forty-two checks, aggregating $15,684.20, alleged to have been paid by the defendants and charged to the plaintiff’s accounts without its authority. Writs in the Superior Court for the county of Suffolk dated June 19, 1905. The cases were referred to James D. Colt, Esquire, as auditor, to be heard together, and afterward were heard together by Fessenden, J., upon the auditor’s report. He found pro forma for the defendants, in accordance with the rulings of the…

1Opinion of the CourtKnowlton, C. J.

These are seven actions, brought against seven corporations doing a banking business in the city of Boston. In each of these banks or banking companies the plaintiff was a depositor. The actions are all of the same character, and the opinion in the first of them will be equally applicable to all the others. The declaration contains two counts, one for money had and received, to recover the balance of the plaintiff’s deposit after a demand, and the other setting forth the contract between the plaintiff and the defendant, and that the plaintiff made sundry checks, payable in part to the order…

2Cases cited18 opinions

  1. Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
  2. Shipman v. Bank of New YorkNew York Court of Appeals · 1891
  3. Critten v. Chemical National BankNew York Court of Appeals · 1902
  4. Hardy v. Chesapeake BankCourt of Appeals of Maryland · 1879
  5. Greenfield Savings Bank v. StowellMassachusetts Supreme Judicial Court · 1877

13 more not listed; retrieve them via the Exa API.

3Cited by76 opinions

  1. Stone & Webster Engineering Corp. v. First National Bank & Trust Co.Massachusetts Supreme Judicial Court · 1962
  2. Los Angeles Investment Co. v. Home Savings Bank of Los AngelesCalifornia Supreme Court · 1919
  3. Gresham State Bank v. O & K Construction Co.Oregon Supreme Court · 1962
  4. American Sash & Door Co. v. Commerce Trust Co.Supreme Court of Missouri · 1933
  5. United States Cold Storage Co. v. Central Manufacturing District BankIllinois Supreme Court · 1931

71 more not listed; retrieve them via the Exa API.

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