O'Brien v. New England Trust Co.
Massachusetts Supreme Judicial Court
Contract by the executrix under the will of John B. O’Brien, late sheriff of the county of Suffolk, for a fund of about $16,000, deposited in his name as sheriff. Writ dated October 18, 1902. The case was presented to the Superior Court upon an agreed statement of facts. That court gave judgment for the plaintiff in the sum of $16,847.50; and the defendant appealed.
1Opinion of the CourtKnowlton, C. J.
The decision of this case depends upon the relations of John B. O’Brien in his lifetime to the money deposited with the defendant, and to the other persons interested in the money represented by these deposits. For the ascertainment of this we have the following facts, agreed to by the parties: “ The said John B. O’Brien throughout his entire term of service was in constant receipt of various sums of money coming to him as sheriff from many different persons which it was necessary for him to keep until from time to time it became proper for him to pay over and distribute the same. Among such…
2Cases cited3 opinions
- Little v. ChadwickMassachusetts Supreme Judicial Court · 1890
- Attorney General v. BrighamMassachusetts Supreme Judicial Court · 1886
- Sargent v. SargentMassachusetts Supreme Judicial Court · 1897
3Cited by4 opinions
- Hewitt v. HayesMassachusetts Supreme Judicial Court · 1910
- Samuel Hertzig Corp. v. GibbsMassachusetts Supreme Judicial Court · 1936
- Koutoudakis v. Great American Indemnity Co.Massachusetts Supreme Judicial Court · 1934
- Meagher v. KimballMassachusetts Supreme Judicial Court · 1914