Phillips v. Suffolk Savings Bank for Seamen
Massachusetts Supreme Judicial Court
Contract or tort by the surviving husband of Mary A. Phillips, late of Boston, deceased, alleging that his deceased wife wrongfully took a sum of about $900 belonging to him and deposited $600 of it in the defendant savings bank in her own name, that she afterwards drew out $85, leaving the amount of $515 of principal standing in her name but belonging to the plaintiff, and that the plaintiff, after his wife’s death, learned of the deposit and demanded the sum with accrued…
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Contract or tort by the surviving husband of Mary A. Phillips, late of Boston, deceased, alleging that his deceased wife wrongfully took a sum of about $900 belonging to him and deposited $600 of it in the defendant savings bank in her own name, that she afterwards drew out $85, leaving the amount of $515 of principal standing in her name but belonging to the plaintiff, and that the plaintiff, after his wife’s death, learned of the deposit and demanded the sum with accrued interest from the defendant, which refused to pay it to him. Writ dated April 21, 1913. Upon a petition of interpleader…
1Opinion of the CourtBraley, J.
The plaintiff’s title to the fund did not rest upon the assumption of a gift to him by his deceased wife by whom and in whose name the deposit had been made, but upon his contention that without his knowledge or consent the money being his property had been taken and appropriated by her. It is stated in the report, that the bank book was not produced at the trial, “and none of the parties had any knowledge of its whereabouts.” A demand having been made for payment, which the bank unqualifiedly refused, and the jury having found that when deposited the money was his property, it has no defense…
2Cases cited7 opinions
- Cole v. BatesMassachusetts Supreme Judicial Court · 1904
- Craig Silver Co. v. SmithMassachusetts Supreme Judicial Court · 1895
- Supple v. Suffolk Savings Bank for SeamenMassachusetts Supreme Judicial Court · 1908
- Bailey v. New Bedford Institution for SavingsMassachusetts Supreme Judicial Court · 1906
- Broderick v. Waltham Savings BankMassachusetts Supreme Judicial Court · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Cohn v. CohnMassachusetts Supreme Judicial Court · 1941
- First National Bank v. ReynoldsSupreme Judicial Court of Maine · 1928
- Gillette v. Liberty Nat. Bank of TulsaSupreme Court of Oklahoma · 1923
- Miami Grove Inc. v. Licensing BoardMassachusetts Supreme Judicial Court · 1942
- Commonwealth v. Alleged Gaming Apparatus & Implements & MoneyMassachusetts Supreme Judicial Court · 1957
2 more not listed; retrieve them via the Exa API.