Supple v. Suffolk Savings Bank for Seamen
Massachusetts Supreme Judicial Court
Contract by the executors of the will of Catherine Cunningham, otherwise known as Kate Cunningham, to recover the amount of a deposit in the defendant bank standing under the name “Kate Cunningham, Tr. for Willie Foley.”
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Contract by the executors of the will of Catherine Cunningham, otherwise known as Kate Cunningham, to recover the amount of a deposit in the defendant bank standing under the name “Kate Cunningham, Tr. for Willie Foley.” Writ in the Superior Court for the county of Suffolk dated August 24, 1906. On petition of the defendant, Mary F. Levins, executrix of the will of William Foley, was made a defendant as a claimant of the deposit under R. L. c. 173, § 37. There was a trial before Fox, J., without a jury. It appeared that among the by-laws of the defendant bank were the following: “... No…
1Opinion of the CourtSheldon, J.
There was no doubt much evidence in this case tending to show that there had been no executed gift of the deposit in question to Foley, the claimant’s intestate, and no such completed trust created in his favor as to constitute him the beneficial owner of the fund. But it is not for us, as has often been said, to pass upon the weight of the evidence. The finding of the judge who tried the case without a jury must stand if there was any evidence to support it. If we assume that there was no delivery of the bank book to Foley, then the question was whether there was evidence that Mrs.…
2Cases cited10 opinions
- Gerrish v. New Bedford Institution for SavingsMassachusetts Supreme Judicial Court · 1880
- Bone v. HolmesMassachusetts Supreme Judicial Court · 1907
- Kendrick v.RayMassachusetts Supreme Judicial Court · 1899
- Alger v. North End Savings BankMassachusetts Supreme Judicial Court · 1888
- Welch v. HenshawMassachusetts Supreme Judicial Court · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Stuart v. SargentMassachusetts Supreme Judicial Court · 1933
- O'Hara v. O'HaraMassachusetts Supreme Judicial Court · 1935
- Aronian v. AsadoorianMassachusetts Supreme Judicial Court · 1943
- Walso v. LatternerSupreme Court of Minnesota · 1918
- Buteau v. LavalleMassachusetts Supreme Judicial Court · 1933
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