Murphy v. Metropolitan National Bank
Massachusetts Supreme Judicial Court
Contract or tort, with four counts, against a national bank, for money paid by the defendant upon a forged indorsement of a check drawn by the plaintiff upon the defendant and charged to the plaintiff’s account.
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Contract or tort, with four counts, against a national bank, for money paid by the defendant upon a forged indorsement of a check drawn by the plaintiff upon the defendant and charged to the plaintiff’s account. Writ dated March 20,1903. The following is a copy of the check with the indorsements thereon: “ Boston, Mass., Sept. 14, 1900. No. 6432. “ The Metropolitan National Bank “ Pay to the order of James J. Brown $3419 75/100 Thirty four hundred nineteen and 75/100 Dollars. “ James R. Murphy.” [Rev. Stamp Cancelled,] “ J. R. M. “ Sept. 14,1900.” Written across the face of the check was the…
1Opinion of the CourtKnowlton, C. J.
The plaintiff had on deposit in the defendant bank, subject to be drawn by check, the sum of $3,419.75. On September 14, 1900, he drew a check for that amount, payable to the order of James J. Brown, and delivered it to one Moore, an attorney at law then in good repute, who purported to represent Brown in negotiating a loan to be secured by a mortgage on Brown’s real estate. A note and mortgage for $3,500, purporting to be executed by Brown, were delivered by Moore to the plaintiff, and by him passed to a client for whom he was transacting the business. Moore took the check to the defendant…
2Cases cited18 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Shipman v. Bank of New YorkNew York Court of Appeals · 1891
- Hardy v. Chesapeake BankCourt of Appeals of Maryland · 1879
- Greenfield Savings Bank v. StowellMassachusetts Supreme Judicial Court · 1877
- National Bank of North America v. BangsMassachusetts Supreme Judicial Court · 1871
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3Cited by35 opinions
- Stone & Webster Engineering Corp. v. First National Bank & Trust Co.Massachusetts Supreme Judicial Court · 1962
- DiLorenzo v. Atlantic National BankMassachusetts Supreme Judicial Court · 1932
- Jordan Marsh Co. v. National Shawmut BankMassachusetts Supreme Judicial Court · 1909
- Figuers v. FlyTennessee Supreme Court · 1916
- Land Title Bank & Trust Co. v. Cheltenham National BankSupreme Court of Pennsylvania · 1949
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