Holden v. Farmers & Traders National Bank
Supreme Court of New Hampshire
Assumpsit, to recover funds of the plaintiff’s decedent alleged to have been received and wrongfully paid out by the defendant. Transferred from the September term, 1914, of the superior court by Kivel, J., on the plaintiff’s exception to an order of nonsuit. The plaintiff’s evidence tended. to prove the following facts: David H. Cook died in 1907, leaving a will in which his sons, Edward A. and Benjamin F., were named as executors.
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Assumpsit, to recover funds of the plaintiff’s decedent alleged to have been received and wrongfully paid out by the defendant. Transferred from the September term, 1914, of the superior court by Kivel, J., on the plaintiff’s exception to an order of nonsuit. The plaintiff’s evidence tended. to prove the following facts: David H. Cook died in 1907, leaving a will in which his sons, Edward A. and Benjamin F., were named as executors. The will was probated, but the executors never qualified. At the time of his death David had §17.57 on deposit with the defendant. Edward and Benjamin assumed to…
1Opinion of the CourtPeaslee, J.
The plaintiff seeks to charge the defendant for certain funds as the property of the estate which he represents. With the exception of one item of $17.57, the money was all received by the defendant from E. A. and B. F. Cook, who represented themselves as the executors of the will of David H. Cook, and it was all paid out upon their order and in the usual course of business. The defendant had no knowledge or notice of the fact that the depositors had not qualified as executors.
The plaintiff’s claim seems to be that the defendant is liable because it has intermeddled with the estate, and cases…
2Cases cited2 opinions
- Spooner v. HolmesMassachusetts Supreme Judicial Court · 1869
- Hill v. HayesSupreme Court of Connecticut · 1871
3Cited by9 opinions
- Lucas v. Central Missouri Trust Co.Supreme Court of Missouri · 1942
- Marks v. First Nat. BankOregon Supreme Court · 1917
- McHenry v. First National Bank & Trust Co.Nebraska Supreme Court · 1984
- Lowell v. Merchants' Nat. BankDistrict Court, D. New Hampshire · 1922
- National Surety Co. v. First Nat. Bank of WetumpkaSupreme Court of Alabama · 1932
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