Cotton v. Atlas National Bank
Massachusetts Supreme Judicial Court
Bill in equity, filed January 1, 1886, by one of two executors of the will of Arria Cotton, against the Atlas National Bank and Frank B. Cotton, co-executor of said will, to compel the defendant bank to account for and pay over to Frank B. Cotton and the plaintiff, as co-executors of said will, all moneys received by the bank from the sale of certain stocks and from dividends thereon, and from checks drawn by Frank B. Cotton as executor of said will upon the funds of the…
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Bill in equity, filed January 1, 1886, by one of two executors of the will of Arria Cotton, against the Atlas National Bank and Frank B. Cotton, co-executor of said will, to compel the defendant bank to account for and pay over to Frank B. Cotton and the plaintiff, as co-executors of said will, all moneys received by the bank from the sale of certain stocks and from dividends thereon, and from checks drawn by Frank B. Cotton as executor of said will upon the funds of the estate of Arria Cotton deposited with said bank, and to transfer to Frank B. Cotton and the plaintiff, as co-executors of…
1Opinion of the CourtW. Allen, J.
This case was heard by a single justice, and reserved for the full court. After the evidence was printed, the defendant moved, before the justice who heard and reserved the case, that the reservation be discharged and the case reopened for the purpose of taking further testimony. The court, after heai’ing, discharged the reservation, and, after hearing further evidence, reserved the case upon the bill, answer, replication, and evidence, including all the evidence taken at both hearings, subject to the objection of the plaintiff.
The question thus presented of the authority of a single justice…
2Cases cited3 opinions
- Brinckerhoff v. LansingNew York Court of Chancery · 1819
- Green v. RussellMassachusetts Supreme Judicial Court · 1882
- Dodge v. EmersonMassachusetts Supreme Judicial Court · 1881
3Cited by25 opinions
- Refrigeration Discount Corp. v. CatinoMassachusetts Supreme Judicial Court · 1953
- Stebbins v. North Adams Trust Co.Massachusetts Supreme Judicial Court · 1922
- Financial Acceptance Corp. v. GarveyMassachusetts Appeals Court · 1978
- Dies v. Wilson County BankTennessee Supreme Court · 1913
- Banca Italiana Di Sconto v. BaileyMassachusetts Supreme Judicial Court · 1927
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