Parkman v. Suffolk Savings Bank
Massachusetts Supreme Judicial Court
Contract, to recover a deposit in the defendant bank by the administrator of the estate of William C. McCarthy. Marcus McCarthy intervened as a claimant of the fund under the Pub.
Read the full summary
Contract, to recover a deposit in the defendant bank by the administrator of the estate of William C. McCarthy. Marcus McCarthy intervened as a claimant of the fund under the Pub. Sts. c. 116, § 81. At the trial in the Superior Court, without a jury, before Bishop, J., it appeared in evidence that the intestate in his lifetime, in the years 1880 and 1882, deposited various sums, amounting in all to one thousand dollars, in the defendant bank in his own name as trustee/ot the claimant, which sums, with interest, made up the fund in question; that the bank-book representing the deposit in…
1Opinion of the CourtHolmes, J.
The fact that the savings bank book designates the plaintiff’s intestate trustee for the claimant is not conclusive of the existence of a trust. Brabrook v. Boston Five Cents Savings Bank, 104 Mass. 228, 232. Clark v. Clark, 108 Mass. 522. Powers v. Provident Institution for Savings, 124 Mass. 377. Sherman v. New Bedford Five Cents Savings Bank, 138 Mass. 581,582. Alger v. North End Savings Bank, 146 Mass. 418, 422. See also Robinson v. Ring, 72 Maine, 140; Marcy v. Amazeen, 61 *220N. H. 131. As it is a well known practice for people who have deposited in their own names the full amount allowed,…
2Cases cited6 opinions
- Gerrish v. New Bedford Institution for SavingsMassachusetts Supreme Judicial Court · 1880
- Brabrook v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1870
- Sherman v. New Bedford Five Cents Savings BankMassachusetts Supreme Judicial Court · 1885
- Alger v. North End Savings BankMassachusetts Supreme Judicial Court · 1888
- Clark v. ClarkMassachusetts Supreme Judicial Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Bath Savings Institution v. HathornSupreme Judicial Court of Maine · 1895
- Cleveland v. Hampden Savings BankMassachusetts Supreme Judicial Court · 1902
- Welch v. HenshawMassachusetts Supreme Judicial Court · 1898
- Bancroft v. RussellMassachusetts Supreme Judicial Court · 1892
- Robertson v. ParkerMassachusetts Supreme Judicial Court · 1934
9 more not listed; retrieve them via the Exa API.