Ellison v. New Bedford Five Cents Savings Bank
Massachusetts Supreme Judicial Court
Contract by Mary E. Ellison and Elizabeth A. Ellison to recover $142.61 and interest, being the amount of certain, deposits made in the defendant bank by William Ellison, the father of the plaintiffs.
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Contract by Mary E. Ellison and Elizabeth A. Ellison to recover $142.61 and interest, being the amount of certain, deposits made in the defendant bank by William Ellison, the father of the plaintiffs. Trial in the Superior Court, without a jury, before Putnam, J., who found the following facts: On February 28, 1871, an account was opened at the defendant bank by William Ellison, “ In trust M. E. Ellison,” and on March 25, 1871, another account was opened by him, “ In trust Elizabeth Ellison.” Deposits were made by him from time to time on these accounts up to September 10, 1878, when the…
1Opinion of the CourtGray, C. J.
The merits of this case cannot be decided upon the report before us. The declaration is for a sum of money due to the plaintiffs jointly. But upon the evidence introduced at the trial, if they have any cause of action against the defendant, their claims are several, and not joint, and cannot be united in one action. Gould Pl. c. 4, § 52. Whiting v. Cook, 8 Allen, 63. A judgment for the plaintiffs jointly would not accord with the proof; and a judgment for either pf them severally would not correspond with the declaration, and would be reversible on writ of error. The fact stated in the…
2Cited by4 opinions
- Adams v. RichardsonMassachusetts Supreme Judicial Court · 1929
- Barlow v. NelsonMassachusetts Supreme Judicial Court · 1892
- Degnan v. Maryland Casualty Co.Massachusetts Supreme Judicial Court · 1930
- United Feldspar & Minerals Corp. v. BumpusSupreme Judicial Court of Maine · 1944