Webber v. Cambridgeport Savings Bank
Massachusetts Supreme Judicial Court
Contract to recover money alleged to have been deposited by the plaintiff’s intestate in the Cambridgeport Savings Bank, with interest thereon. Writ dated February 6, 1903. In the Superior Court the case was presented upon an agreed statement of facts, concluding with the words “ Court may draw such inferences of fact as are warranted.” The Superior Court found for the plaintiff in the sum of $1,744.98; and the defendant appealed.
1Opinion of the CourtLathrop, J.
The Superior Court having found for the plaintiff on an agreed statement of facts, which contained the words “ court may draw such inferences of fact as are warranted,” the defendant’s appeal presents to us only questions of law, and we are not authorized to draw any inferences of fact. Cochrane v. Boston, 1 Allen, 480. Charlton v. Donnell, 100 Mass. 229. Rand v. Hanson, 154 Mass. 87, 91. Ingalls v. Hobbs, 156 Mass. 348.
The plaintiff contended that, on the evidence in the case, the deposit hook was lost or destroyed. The finding of the Superior Court was in accordance with this view, and it…
2Cases cited6 opinions
- Ingalls v. HobbsMassachusetts Supreme Judicial Court · 1892
- Hawkins v. GrahamMassachusetts Supreme Judicial Court · 1889
- Lovett v. FarnhamMassachusetts Supreme Judicial Court · 1897
- Miles v. SchmidtMassachusetts Supreme Judicial Court · 1897
- Rand v. HansonMassachusetts Supreme Judicial Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Handy v. BlissMassachusetts Supreme Judicial Court · 1910
- C. W. Hunt Co. v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Bauer v. International Waste Co.Massachusetts Supreme Judicial Court · 1909
- Forastiere v. Springfield Institution For SavingsMassachusetts Supreme Judicial Court · 1939
- Traiser v. Commercial Travellers' Eastern Accident Ass'nMassachusetts Supreme Judicial Court · 1909
4 more not listed; retrieve them via the Exa API.