Commonwealth v. Scituate Savings Bank
Massachusetts Supreme Judicial Court
Petition in equity, by Charles G. Davis, trustee, to compel the receivers of the respondent bank to rank him as a creditor, and to pay him the dividends declared and to be declared upon a deposit in the bank. Hearing before Field, J., who dismissed the petition; and, at the petitioner’s request, reported the case for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
The petitioner bases his claim upon the following facts: One Eliza Jenkins had been a depositor in the Scituate Savings Bank, but her claim had been assigned and her book delivered to one Craig, who had given notice of his title to the bank. Afterwards the bank was summoned as trustee of Jenkins in a suit against her, and was defaulted. Execution was issued, and the petitioner, as attorney for the plaintiff in that suit, took the execution, and, within thirty days after judgment, made demand upon the treasurer of the bank, who thereupon issued a deposit-book to him, as trustee, for the amount…
2Cases cited3 opinions
- National Bank of North America v. BangsMassachusetts Supreme Judicial Court · 1871
- Levy v. President of the Bank of the United StatesSupreme Court of Pennsylvania · 1802
- Commonwealth v. Reading Savings BankMassachusetts Supreme Judicial Court · 1882
3Cited by7 opinions
- Rayden Engineering Corp. v. ChurchMassachusetts Supreme Judicial Court · 1958
- Bragg v. DanielsonMassachusetts Supreme Judicial Court · 1886
- Underwood v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1886
- Budlong v. American Policyholders' InsuranceMassachusetts District Court, Appellate Division · 1957
- Medford Trust Co. v. McKnightMassachusetts Supreme Judicial Court · 1933
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