Quincy Mutual Fire Insurance v. International Trust Co.
Massachusetts Supreme Judicial Court
Tort or contract, the first count for the alleged conversion of a check for $24,066.66, dated November 9, 1908, drawn by the plaintiff to the order of the treasurer of the town of Framing-ham and purporting to have been indorsed by such treasurer in behalf of that town, and the second count in contract for $30,099.36 according to an account annexed, consisting of an item of $24,066.66, the amount of the check above named, and a second item of $6,032.70 for interest to the…
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Tort or contract, the first count for the alleged conversion of a check for $24,066.66, dated November 9, 1908, drawn by the plaintiff to the order of the treasurer of the town of Framing-ham and purporting to have been indorsed by such treasurer in behalf of that town, and the second count in contract for $30,099.36 according to an account annexed, consisting of an item of $24,066.66, the amount of the check above named, and a second item of $6,032.70 for interest to the date of the writ. Writ dated January 14, 1913. In the Superior Court the case was submitted to White, J., upon admitted…
1Opinion of the CourtCrosby, J.
This action grows out of the dishonest conduct of John B. Lombard, formerly treasurer of the town of Framing-ham, acting in collusion with one Charles S. Cummings.
The check received from the plaintiff, being payable to the order of “Treas. of Town of Framingham,” in legal effect stands upon the same footing as if payable to the town, and the money which it represented belonged to the town, which was the real payee of the check. Commercial Bank v. French, 21 Pick. 486. Eastern Railroad v. Benedict, 5 Gray, 561. Colburn v. Phillips, 13 Gray, 64. R. L. c. 73, § 59. Of course the defendant cannot…
2Cases cited8 opinions
- First National Bank of Danvers v. First National Bank of SalemMassachusetts Supreme Judicial Court · 1890
- Brown v. City of NewburyportMassachusetts Supreme Judicial Court · 1911
- Railroad National Bank v. City of LowellMassachusetts Supreme Judicial Court · 1872
- Franklin Savings Bank v. International Trust Co.Massachusetts Supreme Judicial Court · 1913
- City of Newburyport v. First National BankMassachusetts Supreme Judicial Court · 1914
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Stone & Webster Engineering Corp. v. First National Bank & Trust Co.Massachusetts Supreme Judicial Court · 1962
- Govoni & Sons Construction Co. v. Mechanics BankMassachusetts Appeals Court · 2001
- Nowell v. Mayor of MonroeSupreme Court of Georgia · 1933
- Hooten v. State ex rel. Cross CountySupreme Court of Arkansas · 1915
- Palmer v. O'Bannon Corp.Massachusetts Supreme Judicial Court · 1925
6 more not listed; retrieve them via the Exa API.