Legal Opinion

Reed v. Mattapan Deposit & Trust Co.

Massachusetts Supreme Judicial Court

Decided April 3, 1908PublishedCited by 28 opinions

Contract by the administrator of the estate of Thomas Keyes, late of Boston, against the Mattapan Deposit and Trust Company, a corporation, to recover a balance of $7,347.81 alleged to be due upon a deposit made with the defendant by the plaintiff’s intestate. Writ dated January 18, 1904. The answer of the defendant contained a general denial and an allegation of payment.

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Contract by the administrator of the estate of Thomas Keyes, late of Boston, against the Mattapan Deposit and Trust Company, a corporation, to recover a balance of $7,347.81 alleged to be due upon a deposit made with the defendant by the plaintiff’s intestate. Writ dated January 18, 1904. The answer of the defendant contained a general denial and an allegation of payment. In the Superior Court the case was tried before Aiken, C. J. It appeared that on January 25, 1897, during the lifetime of the plaintiff’s intestate, a check for the balance of the account was presented to and paid by the…

1Opinion of the CourtBbaley, J.

The questions raised by the exceptions relate either to matters of evidence, or to the refusal to instruct the jury as the plaintiff requested. It was the plaintiff’s contention, upon which in opening he rested his right to recover, that the deposit standing in the name of the intestate had been paid over in his lifetime on a check to which the signature had been forged, and consequently that the defendant must repay the amount. McIntosh v. Eliot National Bank, 123 Mass. 393. In support of the contention that the forgery had been accom*312plished, the check presented and payment procured through…

2Cases cited9 opinions

  1. Chandler v. SimmonsMassachusetts Supreme Judicial Court · 1867
  2. Boston Steel & Iron Co. v. SteuerMassachusetts Supreme Judicial Court · 1903
  3. Commonwealth v. MeserveMassachusetts Supreme Judicial Court · 1891
  4. Graham v. MiddlebyMassachusetts Supreme Judicial Court · 1904
  5. Atwell v. JenkinsMassachusetts Supreme Judicial Court · 1895

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

3Cited by28 opinions

  1. Surrender of Minor ChildrenMassachusetts Supreme Judicial Court · 1962
  2. Costello v. HayesMassachusetts Supreme Judicial Court · 1924
  3. M. DeMatteo Construction Co. v. DaggettMassachusetts Supreme Judicial Court · 1960
  4. Sutcliffe v. HeatleyMassachusetts Supreme Judicial Court · 1919
  5. Metropolitan Life Ins. Co. v. BramlettSupreme Court of Alabama · 1932

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

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