Castaline v. National City Bank
Massachusetts Supreme Judicial Court
Contract or tort against National City Bank of Chelsea by one of its depositors to recover damages for the refusal of the defendant to pay when presented for payment two checks drawn upon it by the plaintiff. Writ dated December 10, 1920. In the Superior Court the action was tried before Morton, J. Material evidence is described in the opinion.
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Contract or tort against National City Bank of Chelsea by one of its depositors to recover damages for the refusal of the defendant to pay when presented for payment two checks drawn upon it by the plaintiff. Writ dated December 10, 1920. In the Superior Court the action was tried before Morton, J. Material evidence is described in the opinion. The judge ordered a verdict for the defendant and reported the action to this court upon agreement of counsel that, if his order was right, the verdict was to stand; but, if it was wrong, the action was to be remanded for a new -trial upon the question…
1Opinion of the CourtCarroll, J.
The plaintiff, a depositor in the defendant bank, on July 12, 1920, drew two checks — one for $100 and one for $300. They were presented to the bank for payment simultaneously on July 13, 1920, arriving with others through the mail. The available funds to the credit of the plaintiff when the checks were presented, were $379.57. The defendant refused to pay either of the checks on the ground that the total amount of both exceeded the deposit of the plaintiff. The action is in contract or tort to recover damages for injury to the plaintiff’s credit. The case is here on a report from the…
2Cases cited3 opinions
- Wiley v. Bunker Hill National BankMassachusetts Supreme Judicial Court · 1903
- Dykers v. Leather Manufacturers' BankNew York Court of Chancery · 1845
- Beauregard v. KnowltonMassachusetts Supreme Judicial Court · 1892
3Cited by8 opinions
- Cunningham v. Commissioner of BanksMassachusetts Supreme Judicial Court · 1924
- Cunningham v. Merchants' Nat. Bank of ManchesterCourt of Appeals for the First Circuit · 1925
- Banks v. Everett National BankMassachusetts Supreme Judicial Court · 1940
- Sawyer v. National Shawmut BankMassachusetts Supreme Judicial Court · 1940
- Hamilton National Bank of Chattanooga v. SwaffordTennessee Supreme Court · 1964
3 more not listed; retrieve them via the Exa API.