Madeiran Alliance Protective Ass'n v. Lowell Trust Co.
Massachusetts Supreme Judicial Court
Contract for $600, money alleged to have been had and received by the defendant to thex plaintiff’s use. Writ dated March 6, 1917. In the Superior Court, the action was heard upon an agreed statement of facts by King, J., without a jury. Material facts are described in the opinion. The judge found the facts as they were agreed to and reported the action to this court for determination. The case was submitted on briefs.
1Opinion of the CourtDe Courcy, J.
One John S. Pitta, treasurer of the plaintiff, on February 2, 1914, deposited money of the association with the defendant, stating that he desired to draw checks against the same. On the signature card he wrote the name of the plaintiff as “M. A. P. Association;” and the “duly authorized signatures, which you will recognize in the payment of funds or the transaction of other business on our account” was stated to be “John S. Pitta, Treas.” During the following eleven months many checks were drawn against this account. Eight of these were signed “M. A. P. Association, John S. Pitta,…
2Cases cited3 opinions
- Carpenter v. FarnsworthMassachusetts Supreme Judicial Court · 1871
- Jump v. SparlingMassachusetts Supreme Judicial Court · 1914
- Horgan v. MorganMassachusetts Supreme Judicial Court · 1919
3Cited by1 opinion
- Broadway Boxing Club, Inc. v. Bushwick National BankNew York Supreme Court · 1926