Legal Opinion

Kelly v. Commissioner of Banks

Massachusetts Supreme Judicial Court

Decided June 30, 1921PublishedCited by 15 opinions

Bill in Equity, filed in the Supreme Judicial Court on April 6, 1921, by the executrix of a depositor in the commercial department of the Prudential Trust Company in Boston against the commissioner of banks for the Commonwealth and the Prudential Trust Company, the plaintiff alleging that the commissioner of banks was in possession of the property and business of the trust company and was proceeding to wind up its business, and praying that a demand note made by the…

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Bill in Equity, filed in the Supreme Judicial Court on April 6, 1921, by the executrix of a depositor in the commercial department of the Prudential Trust Company in Boston against the commissioner of banks for the Commonwealth and the Prudential Trust Company, the plaintiff alleging that the commissioner of banks was in possession of the property and business of the trust company and was proceeding to wind up its business, and praying that a demand note made by the plaintiff’s testator payable to the order of the trust company be ordered set off against a deposit made by the testator in the…

1Opinion of the CourtPierce, J.

On September 10, 1920, the defendant Joseph C. Allen, commissioner of banks for the Commonwealth of Massachusetts, acting under the authority of St. 1910, c. 399, now G. L. c. 167, § 22, took possession of the property and business of the Prudential Trust Company, a banking corporation organized under the laws of the Commonwealth of Massachusetts and having its usual place of business in Boston within the county of Suffolk. On the day above mentioned the testator of the plaintiff, Thaddeus T. Kelly, had on deposit in the commercial department of the trust company $2,380.46, subject to his…

2Cases cited2 opinions

  1. Lippitt v. Thames Loan & Trust Co.Supreme Court of Connecticut · 1914
  2. J. S. Lang Engineering Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1918

3Cited by15 opinions

  1. Bassett v. City Bank & Trust Co.Supreme Court of Connecticut · 1932
  2. Commissioner of BanksMassachusetts Supreme Judicial Court · 1922
  3. Commissioner of Banks in re Prudential Trust Co.Massachusetts Supreme Judicial Court · 1923
  4. Rossi Bros. v. Commissioner of BanksMassachusetts Supreme Judicial Court · 1933
  5. Westminster National Bank v. GrausteinMassachusetts Supreme Judicial Court · 1930

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