Another v. Brookline Trust Co.
Massachusetts Supreme Judicial Court
Contract by the executors of the will of James A. Laighton for the amount of deposits made with the defendant subject to check. Writ dated December 19, 1914. The defendant filed a declaration in set-off claiming SI,900 and interest upon four promissory notes. In the Superior Court the action was heard by Irwin, J., without a jury,' upon an agreed statement of facts.
Read the full summary
Contract by the executors of the will of James A. Laighton for the amount of deposits made with the defendant subject to check. Writ dated December 19, 1914. The defendant filed a declaration in set-off claiming SI,900 and interest upon four promissory notes. In the Superior Court the action was heard by Irwin, J., without a jury,' upon an agreed statement of facts. Besides the facts which are stated in the opinion it appeared that the deposits made by the plaintiffs as executors in the account in question were the proceeds of life insurance policies on the life of the insured. The judge…
1Opinion of the CourtCrosby, J.
The plaintiffs are executors of the will of James A. Laighton who died on August 25, 1912. Upon that date he had a deposit with the defendant of $1,372.90, which deposit, after deducting $18.40 interest due the defendant, amounted to $1,354.50. At that time the testator owed the defendant the amount of four promissory notes, none of which was due or payable.
The plaintiffs, upon their appointment, instead of taking over the account or opening a new account as properly they should have done, made from time to time deposits to this account of funds belonging to the estate. On or about October 2,…
2Cases cited5 opinions
- Furber v. DaneMassachusetts Supreme Judicial Court · 1909
- National Mahaiwe Bank v. PeckMassachusetts Supreme Judicial Court · 1879
- Wiley v. Bunker Hill National BankMassachusetts Supreme Judicial Court · 1903
- Boyden v. Massachusetts Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1891
- Clark v. Northampton National BankMassachusetts Supreme Judicial Court · 1893
3Cited by27 opinions
- Bandy v. FIRST STATE BANK, OVERTON, TEX.Texas Supreme Court · 1992
- Carpenter v. Suffolk Franklin Savings BankMassachusetts Supreme Judicial Court · 1973
- Andover Savings Bank v. Commissioner of RevenueMassachusetts Supreme Judicial Court · 1982
- Bingham v. Commissioner of Corporations & TaxationMassachusetts Supreme Judicial Court · 1924
- Forastiere v. Springfield Institution For SavingsMassachusetts Supreme Judicial Court · 1939
22 more not listed; retrieve them via the Exa API.