Stefani v. Merrimack River Savings Bank

That fraud was practiced on the plaintiff is not questioned. He relies upon the theory of a constructive trust, claiming that “his deposit can be identified as a part of the assets that came into the hands of the Bank Commissioner”. Emerson v. Bank, 89 N. H. 339. The facts substantiate the claim. Final credit for the deposited check not being given by the bank’s depositary until after the bank was closed, it was an asset in the hands of the bank at the time of closing. Hence the deposit could be identified and traced to the final credit for it.

The plaintiff has made out a case of definite…