Scrivens v. North Easton Savings Bank
Massachusetts Supreme Judicial Court
Contract, to recover money deposited by William Scrivens, Senior, with the defendant bank. Edward J. Barry intervened as a claimant of the fund, under St. 1894, c. 317, § 33. At the trial in the Superior Court, before Hammond, J., the treasurer of the defendant savings bank testified that on November 26, 1890, William Scrivens, Senior, personally made a deposit at the banking-room in North Easton, and that, being unable to sign his name, he made his mark, so that the entry…
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Contract, to recover money deposited by William Scrivens, Senior, with the defendant bank. Edward J. Barry intervened as a claimant of the fund, under St. 1894, c. 317, § 33. At the trial in the Superior Court, before Hammond, J., the treasurer of the defendant savings bank testified that on November 26, 1890, William Scrivens, Senior, personally made a deposit at the banking-room in North Easton, and that, being unable to sign his name, he made his mark, so that the entry on the books was as follows : “ William Seri yen X , of Brockton, in mark trust for William Seriven, Lakeville, payable…
1Opinion of the CourtMorton, J.
The question between the plaintiff and claimant is whether a valid trust has been established in the plaintiff’s favor, so as to entitle him to the deposit, or whether what was done was an attempted testamentary disposition of it. That is a question of fact for the jury, and the distinction between the two was clearly pointed out by the presiding justice in his charge.
The jury were also told, in substance, that what was written in the bank-book was not enough, but that in addition to that the testator must have indicated to the plaintiff in some form of language that the deposit then belonged…
2Cases cited3 opinions
- Gerrish v. New Bedford Institution for SavingsMassachusetts Supreme Judicial Court · 1880
- Alger v. North End Savings BankMassachusetts Supreme Judicial Court · 1888
- Eastman v. Woronoco Savings BankMassachusetts Supreme Judicial Court · 1884
3Cited by23 opinions
- Tucker v. TuckerSupreme Court of Iowa · 1908
- Jacobs v. JolleyIndiana Court of Appeals · 1902
- Bone v. HolmesMassachusetts Supreme Judicial Court · 1907
- Kendrick v.RayMassachusetts Supreme Judicial Court · 1899
- Jones v. NicholasSupreme Court of Iowa · 1911
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