Legal Opinion

Provident Institution for Savings v. Malone

Supreme Court of the United States

Decided May 29, 1911No. 151PublishedCited by 54 opinions

ERROR TO THE SUPREME JUDICIAL COURT OP THE STATE OP MASSACHUSETTS. In 1907 the General Court of the Commonwealth of Massachusetts passed an act providing that deposits in savings banks which had remained inactive and unclaimed for thirty years,- and where the claimant was unknown or the depositor could not be found, should be paid to the treasurer and receiver general.

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ERROR TO THE SUPREME JUDICIAL COURT OP THE STATE OP MASSACHUSETTS. In 1907 the General Court of the Commonwealth of Massachusetts passed an act providing that deposits in savings banks which had remained inactive and unclaimed for thirty years,- and where the claimant was unknown or the depositor could not be found, should be paid to the treasurer and receiver general. Under this statute, which is copied in the margin,1 the attorney general on ¿May 5, 1908, filed.in.the Probate Court of Suffolk County a petition, setting out' the names and last known addresses of 226 persons who had deposit…

1Opinion of the CourtJustice Lamae

The Massachusetts statute as to abandoned funds in savings banks only applies where the owner cannot be found. In the nature of the case, therefore, no depositor could except to the judgment of the Probate Court which directed the money to be turned over to the treasurer; and, it is claimed that as the Bank does not represent the depositors, it cannot be heard to raise the objection that their property has been taken without due process of law. Hatch v. Reardon, 204 U. S. 152, 160. This may be true, except in so far as its rights are involved in those of the depositor. Savings banks are…

2Cases cited2 opinions

  1. New York Ex Rel. Hatch v. ReardonSupreme Court of the United States · 1907
  2. Cunnius v. Reading School DistrictSupreme Court of the United States · 1905

3Cited by54 opinions

  1. Anderson National Bank v. LuckettSupreme Court of the United States · 1944
  2. Standard Oil Co. v. New JerseySupreme Court of the United States · 1951
  3. American Express Travel Related Services, Inc. v. Sidamon-EristoffCourt of Appeals for the Third Circuit · 2012
  4. Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
  5. Security Savings Bank v. CaliforniaSupreme Court of the United States · 1923

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