L'Herbette v. Pittsfield National Bank
Massachusetts Supreme Judicial Court
Contract, upon an account annexed, for money deposited by the plaintiff with the defendant. At the trial in the Superior Court, before Maynard, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtAllen, J.
At the trial, the issue was clearly defined whether the money was paid to Francis, the defendant’s cashier, in his individual capacity, to be used by him individually for the plaintiff, or whether it was paid to him as cashier of the bank, and as and for a deposit in the bank. According to the findings of the jury, the plaintiff deposited his money with Francis, acting as cashier of the defendant bank, and Francis received the same acting in that capacity, and not in his individual capacity. An agreement was made that the money should draw interest, but there was no usage of the bank…
2Cases cited9 opinions
- Hitchcock v. GalvestonSupreme Court of the United States · 1878
- Davis v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1881
- Logan County National Bank v. TownsendSupreme Court of the United States · 1891
- Spring Co. v. KnowltonSupreme Court of the United States · 1881
- Morville v. American Tract SocietyMassachusetts Supreme Judicial Court · 1877
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3Cited by25 opinions
- Nowel v. Equitable Trust Co.Massachusetts Supreme Judicial Court · 1924
- McCarthy v. Brockton National BankMassachusetts Supreme Judicial Court · 1943
- Bartlett v. City of LowellMassachusetts Supreme Judicial Court · 1909
- Valley Stream Teachers Federal Credit Union v. Commissioner of BanksMassachusetts Supreme Judicial Court · 1978
- Berwin v. CableMassachusetts Supreme Judicial Court · 1943
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