City of Newburyport v. Spear
Massachusetts Supreme Judicial Court
Two actions OP contract by the city of Newburyport for money had and received, against different defendants, who received from one Felker, a former city treasurer of the plaintiff, checks drawn without authority upon a bank account of the city by Felker as city treasurer, payable to himself personally and indorsed by him in blank.
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Two actions OP contract by the city of Newburyport for money had and received, against different defendants, who received from one Felker, a former city treasurer of the plaintiff, checks drawn without authority upon a bank account of the city by Felker as city treasurer, payable to himself personally and indorsed by him in blank. Writs dated June 30 and June 19, 1906. In the Superior Court the cases were tried together before Fox, J., who refused to make certain rulings requested by the defendants, and ordered the jury to return a verdict for the plaintiff in each of the cases, in the action…
1Opinion of the CourtKnowlton, C. J.
These are two actions, depending upon similar facts, to recover for money had and received by the several defendants to the plaintiff’s use. They grow out of the embezzlement of the plaintiff’s moneys from time to time by its city treasurer, as it is shown in Newburyport v. Fidelity Ins. Co. 197 Mass. 596. The principal difference between the facts of that case and the facts of the present case is that in that case the checks were made payable to the order of the defendant’s cashier, while in the present cases they were made payable to the order of James V. Felker, who was the city treasurer,…
2Cases cited7 opinions
- Rochester & Charlotte Turnpike Road Co. v. PaviourNew York Court of Appeals · 1900
- Goodwin v. American National BankSupreme Court of Connecticut · 1881
- Railroad National Bank v. City of LowellMassachusetts Supreme Judicial Court · 1872
- City of Newburyport v. Fidelity Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1908
- Van Dyke v. StateSupreme Court of Alabama · 1854
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3Cited by20 opinions
- Stone & Webster Engineering Corp. v. First National Bank & Trust Co.Massachusetts Supreme Judicial Court · 1962
- Allen v. Puritan Trust Co.Massachusetts Supreme Judicial Court · 1912
- City of Boston v. DolanMassachusetts Supreme Judicial Court · 1937
- City of Jersey City v. HagueSupreme Court of New Jersey · 1955
- Rodgers v. Bankers National BankSupreme Court of Minnesota · 1930
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