Legal Opinion

Howard v. Barnstable County National Bank

Massachusetts Supreme Judicial Court

Decided June 24, 1935PublishedCited by 21 opinions

1Opinion of the CourtDonahue, J.

The plaintiff was a depositor in the defendant bank and also its debtor on a note given for money borrowed. The defendant on June 1, 1931, applied the deposit of the plaintiff on account of the note. The plaintiff brought this action to recover damages alleged to have resulted from the appropriation of the deposit to the debt. The ease was tried before an auditor whose findings of fact were, under the terms of the order of reference, to be final. A judge of the Superior Court on facts found by the auditor found and *132ruled that because of false and fraudulent statements made by the plaintiff…

2Cases cited14 opinions

  1. Chatham Furnace Co. v. MoffattMassachusetts Supreme Judicial Court · 1888
  2. Bates v. CashmanMassachusetts Supreme Judicial Court · 1918
  3. American Railway Express Co. v. Mohawk Dairy Co.Massachusetts Supreme Judicial Court · 1924
  4. Another v. Brookline Trust Co.Massachusetts Supreme Judicial Court · 1917
  5. McCarthy v. ParkerMassachusetts Supreme Judicial Court · 1923

9 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Jose v. LymanMassachusetts Supreme Judicial Court · 1944
  2. Harris v. Delco Products, Inc.Massachusetts Supreme Judicial Court · 1940
  3. Forastiere v. Springfield Institution For SavingsMassachusetts Supreme Judicial Court · 1939
  4. Golding v. 108 Longwood Avenue, Inc.Massachusetts Supreme Judicial Court · 1950
  5. Greene v. Springfield Safe Deposit & Trust Co.Massachusetts Supreme Judicial Court · 1936

16 more not listed; retrieve them via the Exa API.

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