Beal v. City of Somerville
Court of Appeals for the First Circuit
Appeal from the Circuit Court of the United States for the District of Massachusetts. Hu it by the city of Somerville against Thomas P. Beal, receiver of the Maverick National Bank, to recover the proceeds of certain checks. From a final decree for plaintiff, defendant appeals.
Read the full summary
Appeal from the Circuit Court of the United States for the District of Massachusetts. Hu it by the city of Somerville against Thomas P. Beal, receiver of the Maverick National Bank, to recover the proceeds of certain checks. From a final decree for plaintiff, defendant appeals. The allegations of the bill were, in substance, as follows: (1) On Saturday, October 31, 1891, about a quarter before 3 o’clock in the afternoon, the treasurer of the city of Somerville deposited in the Maverick National Bank, in the name and on account of said city, cheeks on different banks, amounting to $21,171.40.…
1Opinion of the Court
Putnam, Circuit Judge.
The conclusion of the circuit court in this case was consonant with justice, and it is therefore gratifying that this court finds that the law requires its affirmance. The transaction was primarily a deposit of the checks, with, secondarily, a duty to be performed concerning them by the Maverick National Bank. The fact that the checks were expressly indorsed “For deposit” does not change the nature of what occurred in this instance, as there are no intervening equities, although it emphasizes it. The paying of actual money by a customer into a bank of deposit does not…
2Cases cited6 opinions
- St. Louis & San Francisco Railway Co. v. JohnstonSupreme Court of the United States · 1890
- Metropolitan National Bank of New York v. LoydNew York Court of Appeals · 1882
- Manufacturers' National Bank v. Continental BankMassachusetts Supreme Judicial Court · 1889
- National Butchers & Drovers' Bank v. HubbellNew York Court of Appeals · 1889
- Moors v. GoddardMassachusetts Supreme Judicial Court · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Security Nat. Bank of Sioux City v. Old Nat. Bank of Battle CreekCourt of Appeals for the Eighth Circuit · 1917
- King v. McLean Asylum of the Massachusetts General HospitalCourt of Appeals for the First Circuit · 1894
- Beach v. HobbsU.S. Circuit Court for the District of Massachusetts · 1897
- Richardson v. Louisville Banking Co.Court of Appeals for the Fifth Circuit · 1899
- Scott v. W. H. McIntyre Co.Supreme Court of Kansas · 1914
21 more not listed; retrieve them via the Exa API.