Societe de Bienfaisance St. Jean Baptiste de Millbury v. Worcester County Institution for Savings
Massachusetts Supreme Judicial Court
Two actions of contract by a fraternal beneficiary corporation, each brought against a savings bank for the amount of a deposit and dividends. Writs dated respectively July 29 and September 7, 1915. In the Superior Court the two cases were tried together before Sanderson, J., without a jury. The evidence in each of the cases is described in the opinion. At the close of the evidence in each case the defendant asked the judge to order a verdict for it.
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Two actions of contract by a fraternal beneficiary corporation, each brought against a savings bank for the amount of a deposit and dividends. Writs dated respectively July 29 and September 7, 1915. In the Superior Court the two cases were tried together before Sanderson, J., without a jury. The evidence in each of the cases is described in the opinion. At the close of the evidence in each case the defendant asked the judge to order a verdict for it. This the judge refused to do. The defendant in the first case then asked for twenty-three rulings and a supplemental ruling, and the defendant…
1Opinion of the CourtBraley, J.
The rights of the parties apart from the equitable defence depend on the terms of the contracts that were made, as shown by the record, when the accounts were opened. Wall v. Provident Institution for Savings, 6 Allen, 320. Wallace v. Lowell Institution for Savings, 7 Gray, 134, 137. White v. Franklin Bank, 22 Pick. 181. Heath v. New Bedford Safe Deposit & Trust Co. 184 Mass. 481, 483.
In the first case it is unnecessary to decide whether the bank would have been exonerated if article one of the by-laws had been inserted in the contract, that, “When any money is withdrawn, the book given to…
2Cases cited13 opinions
- Atlantic Cotton Mills v. Indian Orchard MillsMassachusetts Supreme Judicial Court · 1888
- Allen v. Puritan Trust Co.Massachusetts Supreme Judicial Court · 1912
- Newell v. HadleyMassachusetts Supreme Judicial Court · 1910
- Foote v. CottingMassachusetts Supreme Judicial Court · 1907
- Bremer v. WilliamsMassachusetts Supreme Judicial Court · 1911
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3Cited by7 opinions
- Commonwealth v. HullMassachusetts Supreme Judicial Court · 1937
- Polonsky v. Union Federal Savings & Loan AssociationMassachusetts Supreme Judicial Court · 1956
- Metropolitan Trust Co. v. Federal Trust Co.Massachusetts Supreme Judicial Court · 1919
- Dow v. Brookline Trust Co.Massachusetts Supreme Judicial Court · 1941
- Fuge v. Quincy Co-operative BankMassachusetts Supreme Judicial Court · 1938
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