Wiley v. Bunker Hill National Bank
Massachusetts Supreme Judicial Court
Contract and tort, by a trader engaged in the business of buying and selling coal and wood in that part of Boston called Charlestown, against a bank for refusing to pay certain checks of the plaintiff, thereby injuring his credit.
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Contract and tort, by a trader engaged in the business of buying and selling coal and wood in that part of Boston called Charlestown, against a bank for refusing to pay certain checks of the plaintiff, thereby injuring his credit. Writ dated February 25,1898. At the trial in the Superior Court before Richardson, J., the jury returned a verdict for the plaintiff in the sum of $25,000, of which he was required by the judge to remit all in excess of $10,000. The defendant alleged exceptions.
1Opinion of the CourtMorton, J.
This is an action to recover damages for the refusal by the defendant to honor certain checks drawn on it by the plaintiff against a deposit subject to check which he had with the defendant, and which was more than sufficient to meet the checks so drawn when presented. The action is described in the writ as in contract and tort, it being doubtful to which class it belongs. The declaration contains eight counts. The eighth count was waived at the trial and the case proceeded on the remaining counts, each count representing a different check. There was a verdict for the plaintiff, and the case…
2Cases cited9 opinions
- Scott v. ArmstrongSupreme Court of the United States · 1892
- Carr v. National Security BankMassachusetts Supreme Judicial Court · 1871
- National Mahaiwe Bank v. PeckMassachusetts Supreme Judicial Court · 1879
- Spaulding v. BackusMassachusetts Supreme Judicial Court · 1877
- Schaffner v. EhrmanIllinois Supreme Court · 1891
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- Morse v. Mutual Federal Savings & Loan Ass'n of WhitmanDistrict Court, D. Massachusetts · 1982
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