Foss v. Lowell Five Cents Savings Bank
Massachusetts Supreme Judicial Court
Contract, by the administrator of the estate of Parthenia Foss. The declaration was as follows “ And the plaintiff says that his intestate, Parthenia Foss, during her lifetime, deposited in the bank of the defendants the sum of $486.42, and received therefor a book certifying such deposit, and the defendants promised to pay the same on demand with interest; and that the plain tiff’s intestate, during her lifetime, assigned and delivered to Abra J. Hubbard, for whose benefit…
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Contract, by the administrator of the estate of Parthenia Foss. The declaration was as follows “ And the plaintiff says that his intestate, Parthenia Foss, during her lifetime, deposited in the bank of the defendants the sum of $486.42, and received therefor a book certifying such deposit, and the defendants promised to pay the same on demand with interest; and that the plain tiff’s intestate, during her lifetime, assigned and delivered to Abra J. Hubbard, for whose benefit this suit is brought in the name of the administrator of said Parthenia, said book and the sum therein stated as…
1Opinion of the CourtGray, J.
The delivery of the book and order by the mother to the daughter constituted a valid gift inter vivas ; and this gift, being notified to the bank, was a complete assignment of her right to the fund. Kingman v. Perkins, 105 Mass. 111. Kimball v. Leland, 110 Mass. 325. The assignee could not indeed sue the bank at law in her own name, unless the bank expressly promised to pay the amount to her; but the assignment gave her the right to sue in the name of the assignor, or, after her death, of her administrator, with or without his consent; and the payment by the bank to him after notice of the…
2Cases cited3 opinions
- Jones v. WitterMassachusetts Supreme Judicial Court · 1816
- Kingman v. PerkinsMassachusetts Supreme Judicial Court · 1870
- Kimball v. LelandMassachusetts Supreme Judicial Court · 1872
3Cited by16 opinions
- Pierce v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1880
- Goldston v. RandolphMassachusetts Supreme Judicial Court · 1936
- Davis v. NeyMassachusetts Supreme Judicial Court · 1878
- Nowel v. Equitable Trust Co.Massachusetts Supreme Judicial Court · 1924
- Chase Nat. Bank of New York v. SaylesCourt of Appeals for the First Circuit · 1926
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