Boylston National Bank v. Richardson
Massachusetts Supreme Judicial Court
Contract for money had and received to the plaintiffs’ use. Trial in the superior court, without a jury, before Putnam, J., who gave judgment for the plaintiffs, an 1 reported the case to this court as follows : “ The court found the following facts: On November 26, 1863 James Dennie borrowed $1000 of the defendants, and gave them therefor a check” in the usual form, drawn by himself on the plaintiffs’ bank for that sum, dated November 25 1863, and payable to the bearer.
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Contract for money had and received to the plaintiffs’ use. Trial in the superior court, without a jury, before Putnam, J., who gave judgment for the plaintiffs, an 1 reported the case to this court as follows : “ The court found the following facts: On November 26, 1863 James Dennie borrowed $1000 of the defendants, and gave them therefor a check” in the usual form, drawn by himself on the plaintiffs’ bank for that sum, dated November 25 1863, and payable to the bearer. “ It was agreed between the parties at that time, that the check was not to be deposited immediately, but that the…
1Opinion of the CourtWells, J.
The plaintiffs and defendants were principals in the transaction out of which this suit arises. The agency of the Atlas Bank does not affect táeir relations, or their rights and obligations towards each other. The Clearing House regula*290tians do not preclude recovery. They may bear upon the ques tian of loches as a question of fact, but are not conclusive upon that question. Merchants' National Bank v. National Eagle Bank, ante, 281.
Money paid under mistake of fact may be recovered back, if there has been no loches, and the situation of the other party remains unchanged. What constitutes such a…
2Cited by13 opinions
- National Bank of North America v. BangsMassachusetts Supreme Judicial Court · 1871
- Security Nat. Bank of Sioux City v. Old Nat. Bank of Battle CreekCourt of Appeals for the Eighth Circuit · 1917
- Merchants' National Bank v. National Bank of the CommonwealthMassachusetts Supreme Judicial Court · 1885
- National Bank of Commerce v. American Exchange BankSupreme Court of Missouri · 1899
- National Bank v. BerrallSupreme Court of New Jersey · 1904
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