Kingman v. Perkins
Massachusetts Supreme Judicial Court
Trustee process by the firm of L. L. Kingman & Company against a minor for necessaries. The Holyoke Savings Bank were summoned as trustees November 18, 1868, and answered that they then had in their hands $136.84, property of the defendant. Benjamin F. Perkins appeared as claimant of the funds in the hands of the trustees.
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Trustee process by the firm of L. L. Kingman & Company against a minor for necessaries. The Holyoke Savings Bank were summoned as trustees November 18, 1868, and answered that they then had in their hands $136.84, property of the defendant. Benjamin F. Perkins appeared as claimant of the funds in the hands of the trustees. The case was submitted to the judgment of the superior court, and, on appeal, of this court, upon facts agreed substantially as follows : The defendant, on October 1, 1868, being then a minor, signed and gave to the claimant the following order: “ October 1, 1868. The…
1Opinion of the CourtMorton, J.
The order, being for the whole sum due, and given in good faith for a sufficient consideration, constituted an assignment of the amount in the hands of the savings bank. Macomber v. Doane, 2 Allen, 541, and cases cited. The assignment took effect when it was delivered, and transferred to the claimant all the funds of the defendant then held by the bank, both principal and interest. The qualified acceptance by the bank of the order, after the trustee process was served, could not affect the rights of the claimant. It does not appear that he waived any of his rights. Nor does it appear in the…
2Cited by36 opinions
- Pierce v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1880
- Davis v. NeyMassachusetts Supreme Judicial Court · 1878
- James v. City of NewtonMassachusetts Supreme Judicial Court · 1886
- Thayer v. DanielsMassachusetts Supreme Judicial Court · 1873
- Security Bank of New York v. CallahanMassachusetts Supreme Judicial Court · 1915
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