Bradley v. Bentley
Supreme Court of Vermont
General Assumpsit. Pleas, the general issue, and a plea relying on the law of Massachusetts. Trial by jury at the March Term, 1911, Franklin County, Stanton, J., presiding. Verdict ordered for the defendant to recover her costs, and .judgment thereon. The defendant excepted. The opinion ¡states the case. The act of the depositor in depositing the money in the-bank in the circumstances shown by the evidence created a completed, voluntary trust in favor of the plaintiff. Conn.
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General Assumpsit. Pleas, the general issue, and a plea relying on the law of Massachusetts. Trial by jury at the March Term, 1911, Franklin County, Stanton, J., presiding. Verdict ordered for the defendant to recover her costs, and .judgment thereon. The defendant excepted. The opinion ¡states the case. The act of the depositor in depositing the money in the-bank in the circumstances shown by the evidence created a completed, voluntary trust in favor of the plaintiff. Conn. River Savings Bank v. Albee 64 Vt. 571; Harris Banking Co. v. Miller, 1 L. R. A-. (N. S) 790; Pom. Eq. Jur. 3rd Ed.…
1Opinion of the CourtRowell, C. J.
This is assumpsit for money had and received. The question determinative of the right is, whether by the law of Massachusetts, a deposit of ®1,000 of his own money, made by Darius F. Bradley the 27th of May, 1908, in his own name in the Suffolk Savings Bank in Boston, where he then lived, in trust for the plaintiff, was then or ever so perfected as to pass title to her as a gift.
At the time of the deposit Mr. Bradley signed a record card presented to him by a clerk, thus: ‘Darius F. Bradley, Tr. for Ni Myrtie Bradley.'" Whereupon the clerk filled out the card from information given to him by…
2Cases cited12 opinions
- Brabrook v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1870
- Kelley v. SnowMassachusetts Supreme Judicial Court · 1904
- Kerper v. WoodOhio Supreme Court · 1891
- Jenness v. SimpsonSupreme Court of Vermont · 1911
- Clark v. ClarkMassachusetts Supreme Judicial Court · 1871
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3Cited by4 opinions
- Tarbell v. Grand Trunk Railway Co.Supreme Court of Vermont · 1920
- Tarbell v. Grand Trunk Railway Co.Supreme Court of Vermont · 1922
- In Re Estate of HolbrookSupreme Court of Vermont · 1980
- Bondi Bros. v. Holbrook Grocery Co.Supreme Court of Vermont · 1923