Eaton v. Pacific National Bank
Massachusetts Supreme Judicial Court
Contract. Writ dated March 14, 1882, and returnable to the Superior Court. The declaration contained two counts. The first count was for money had and received.
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Contract. Writ dated March 14, 1882, and returnable to the Superior Court. The declaration contained two counts. The first count was for money had and received. The second count, which was alleged to be for the same cause of action, contained the following: “ The plaintiff says that on the twenty-eighth day of September, 1881, she paid to the defendant four-thousand dollars, which it then agreed to apply in payment for forty shares, of the par value of one hundred dollars each, of capital stock in the Pacific National Bank in an increase of said capital stock in the amount of five hundred…
1Opinion of the CourtField, J.
When this action was brought, the bank was not in the hands of a receiver, and the receiver afterwards appointed ¡has not formally intervened or appeared; but it was understood at the argument that the action was defended by him, and that he desired that it should be prosecuted for the purpose *269of determining the liability of the bank. See Bethel Bank v. Pahquioque Bank, 14 Wall. 383.
The case was reserved for the consideration of the full court, presumably under the Pub. Sts. c. 150, § 8. The facts have been found, and although the questions of law have not been stated in the report it is…
2Cases cited12 opinions
- Bank of Bethel v. Pahquioque BankSupreme Court of the United States · 1872
- Delano v. ButlerSupreme Court of the United States · 1886
- Hughes v. Antietam Manufacturing Co.Court of Appeals of Maryland · 1871
- Terry v. BrightmanMassachusetts Supreme Judicial Court · 1880
- Boston, Barre & Gardner Railroad v. WellingtonMassachusetts Supreme Judicial Court · 1873
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Pacific National Bank v. EatonSupreme Court of the United States · 1891
- Bailey v. TillinghastCourt of Appeals for the Sixth Circuit · 1900
- Scott v. LatimerCourt of Appeals for the Eighth Circuit · 1898
- Milwaukee Brick & Cement Co. v. SchoknechtWisconsin Supreme Court · 1901
- Winters v. ArmstrongU.S. Circuit Court for the District of Southern Ohio · 1889
4 more not listed; retrieve them via the Exa API.