Legal Opinion

Atlantic National Bank v. Harris

Massachusetts Supreme Judicial Court

Decided June 28, 1875PublishedCited by 47 opinions

Contract for money had and received, with interest. The writ, dated July 21, 1871, described the plaintiff as “ a banking association duly established by law under the laws of the United States, and located and having its place of business in said Boston, to which corporation all the assets, choses in action and other property, real and personal, of the president, directors and company of the Atlantic Bank, a corporation established and formerly existing under the laws of…

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Contract for money had and received, with interest. The writ, dated July 21, 1871, described the plaintiff as “ a banking association duly established by law under the laws of the United States, and located and having its place of business in said Boston, to which corporation all the assets, choses in action and other property, real and personal, of the president, directors and company of the Atlantic Bank, a corporation established and formerly existing under the laws of Massachusetts, including the demand sued for in the first count of the declaration in this action, have been duly assigned…

1Opinion of the CourtEndicott, J.

It appears from the agreed statement of facts, that the Atlantic Bank, a corporation under the laws of this Commonwealth, was previously to 1863 the owner of certain real estate in St. Louis, which it had taken for debt. The defendant was then president of the bank, and in its behalf he employed one Pierce, who was at that time in his personal service upon a salary, to go to St. Louis and take charge of, manage and improve the real estate. Pierce was engaged in that duty for twenty months. The defendant in January, 1864, presented to the bank a bill of $1506.67, for money by him paid to…

2Cases cited2 opinions

  1. First Massachusetts Turnpike Corp. v. FieldMassachusetts Supreme Judicial Court · 1807
  2. Leach v. GreeneMassachusetts Supreme Judicial Court · 1875

3Cited by47 opinions

  1. American Surety Company v. PaulySupreme Court of the United States · 1898
  2. Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
  3. Michigan Insurance Bank v. EldredSupreme Court of the United States · 1892
  4. Innerarity v. Merchants' National BankMassachusetts Supreme Judicial Court · 1885
  5. Bates v. PrebleSupreme Court of the United States · 1894

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