Carpenter v. Northborough National Bank
Massachusetts Supreme Judicial Court
Contract for money had and received. Trial in the Superior Court, before Qardner, J., who, at the request of the plaintiffs, reported the case for the consideration of this court, in substance as follows : 1 The plaintiffs had been engaged for many years in Boston, under the firm name of Cyrus Carpenter & Co., as manufacturers of ranges and furnaces. They had known Abraham Jackson and William Carpenter for several years, and had had business transactions with them.
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Contract for money had and received. Trial in the Superior Court, before Qardner, J., who, at the request of the plaintiffs, reported the case for the consideration of this court, in substance as follows : 1 The plaintiffs had been engaged for many years in Boston, under the firm name of Cyrus Carpenter & Co., as manufacturers of ranges and furnaces. They had known Abraham Jackson and William Carpenter for several years, and had had business transactions with them. William Carpenter was a builder and owned some real estate and other property. Jackson had acted as his legal adviser and held a…
1Opinion of the CourtLord, J.
It is to be assumed, in testing the accuracy of the ruling of the learned judge who presided at the trial, that every fact upon which there was evidence for the jury was found most favorably for the plaintiffs.
It is then to be taken that the signature of William Carpenter was forged; that Jackson misappropriated the funds which he had procured upon the forged indorsement; that William Carpenter never had knowledge that such note had been taken i$ his name by Jackson, and that the note was originally obtained *69from the plaintiffs by fraud. It must also be taken to be settled that Jackson had no…
2Cases cited3 opinions
- National Bank of North America v. BangsMassachusetts Supreme Judicial Court · 1871
- Merchants' National Bank v. National Eagle BankMassachusetts Supreme Judicial Court · 1869
- Boylston National Bank v. RichardsonMassachusetts Supreme Judicial Court · 1869
3Cited by5 opinions
- Krinsky v. Pilgrim Trust Co.Massachusetts Supreme Judicial Court · 1958
- LaFayette v. Merchants' BankSupreme Court of Arkansas · 1905
- Woodward v. Savings & Trust Co.Supreme Court of North Carolina · 1919
- Birmingham National Bank v. BradleySupreme Court of Alabama · 1893
- Spencer & Co. v. Bank of Hickory RidgeSupreme Court of Arkansas · 1914