City of Newburyport v. Fidelity Mutual Life Insurance
Massachusetts Supreme Judicial Court
Contract for money had and received to recover the amount of .six checks of the city of Newburyport, the plaintiff, drawn without authority from the plaintiff’s bank account by its treasurer and paid to the defendant in six successive years as premiums upon a life insurance policy of such treasurer, with interest thereon from the dates of the respective payments.
Read the full summary
Contract for money had and received to recover the amount of .six checks of the city of Newburyport, the plaintiff, drawn without authority from the plaintiff’s bank account by its treasurer and paid to the defendant in six successive years as premiums upon a life insurance policy of such treasurer, with interest thereon from the dates of the respective payments. Writ dated July 6, 1906. In the Superior Court the case was heard by Holmes, J., without a jury, upon an agreed statement of facts and certain offers of evidence made by the defendant. By the agreed facts it appeared that one Felker…
1Opinion of the CourtHammond, J.
The checks were on their face the checks of the plaintiff, a municipal corporation. Carpenter v. Farnsworth, 106 Mass. 561. The defendant therefore must be held to have known this; and it knew further that they were delivered to the defendant in payment of the individual debt of the treasurer. In short, the defendant knew that it was receiving in payment of the individual debt of the treasurer checks of the municipal *603corporation, and therefore that upon the face of the transaction the treasurer was using the funds of the city to pay his own debt. No citation of authorities is needed in…
2Cases cited6 opinions
- Fillebrown v. HaywardMassachusetts Supreme Judicial Court · 1906
- Atlantic National Bank v. HarrisMassachusetts Supreme Judicial Court · 1875
- Merchants' National Bank v. Citizens' Gas Light Co.Massachusetts Supreme Judicial Court · 1893
- Carpenter v. FarnsworthMassachusetts Supreme Judicial Court · 1871
- Abbott v. Inhabitants of North AndoverMassachusetts Supreme Judicial Court · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Govoni & Sons Construction Co. v. Mechanics BankMassachusetts Appeals Court · 2001
- Harrison v. Provident Relief Ass'nSupreme Court of Virginia · 1925
- Johnson & Kettell Co. v. Longley Luncheon Co.Massachusetts Supreme Judicial Court · 1910
- Reardon Importing Co. v. Security Trust Co.Massachusetts Supreme Judicial Court · 1945
- City of Newburyport v. SpearMassachusetts Supreme Judicial Court · 1910
12 more not listed; retrieve them via the Exa API.