Security Bank of New York v. Callahan
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on August 30, 1913, and afterwards amended, against Frank J. Callahan and George A. Callahan, in which it was alleged in substance that the plaintiff was the successor of the Fourteenth Street Bank of New York City, to whom on or about March 2,1908, there were owing the principal, interest and protest fees of two one thousand dollar notes of the defendant George A. Callahan; that on that day the defendant George A. Callahan…
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Bill in equity, filed in the Supreme Judicial Court on August 30, 1913, and afterwards amended, against Frank J. Callahan and George A. Callahan, in which it was alleged in substance that the plaintiff was the successor of the Fourteenth Street Bank of New York City, to whom on or about March 2,1908, there were owing the principal, interest and protest fees of two one thousand dollar notes of the defendant George A. Callahan; that on that day the defendant George A. Callahan executed and delivered to the plaintiff’s predecessor in title the assignment hereinafter set out of his interest in…
1Opinion of the CourtBraley, J.
While at common law not only the subject matter must be in existence and in the actual or potential possession of the assignor, but partial assignments are not recognized, a court of equity will protect and enforce such assignments by beneficiaries under trusts where the right has not been cut off by the testator, and by heirs and legatees of their contingent interest in funds or property, if made in good faith for a valuable consideration, and not contrary to public policy. Low v. Pew, 108 Mass. 347, 350. Leverett v. Barnwell, 214 Mass. 105. Trull v. Eastman, 3 Met. 121. Jenkins v. Stetson,…
2Cases cited27 opinions
- Fourth Street Bank of Philadelphia v. YardleySupreme Court of the United States · 1897
- Delaware County Commissioners v. Diebold Safe & Lock Co.Supreme Court of the United States · 1890
- James v. City of NewtonMassachusetts Supreme Judicial Court · 1886
- Sawyer v. CookMassachusetts Supreme Judicial Court · 1905
- Low v. PewMassachusetts Supreme Judicial Court · 1871
22 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Shebester v. Triple Crown InsurersSupreme Court of Oklahoma · 1992
- General Exchange Insurance v. DriscollMassachusetts Supreme Judicial Court · 1944
- Carleton & Hovey Co. v. BurnsMassachusetts Supreme Judicial Court · 1934
- Johnson v. MartignettiMassachusetts Supreme Judicial Court · 1978
- Reardon v. WhalenMassachusetts Supreme Judicial Court · 1940
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