Eastman v. Woronoco Savings Bank
Massachusetts Supreme Judicial Court
Contract for money had and received, being the amount of a deposit in the defendant bank, made by one Parley Hutchins in the name of the plaintiff, but “ subject to the order of Parley Hutchins.” At the trial in the Superior Court, before Pitman, J., the jury returned a verdict for the plaintiff; and the case was reported for the determination of this court. If there was no error, judgment was to be entered upon the verdict; otherwise, a new trial to be ordered.
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Contract for money had and received, being the amount of a deposit in the defendant bank, made by one Parley Hutchins in the name of the plaintiff, but “ subject to the order of Parley Hutchins.” At the trial in the Superior Court, before Pitman, J., the jury returned a verdict for the plaintiff; and the case was reported for the determination of this court. If there was no error, judgment was to be entered upon the verdict; otherwise, a new trial to be ordered. The facts appear in the opinion.
1Opinion of the CourtC. Allen, J.
The first question presented is, whether upon the evidence the jury were authorized to find a completed gift of the deposit in the savings bank by Hutchins to the plaintiff. In view of the recent decisions in this State, there would be no doubt of this, but for the fact that the deposit was made “ subject to the order of Parley Hutchins.” Omitting for a moment the consideration of the effect of this provision, there was evidence that Hutchins made the deposit in the name of the plaintiff ; that a few days afterwards he asked the plaintiff to come to his house, showed him the book, said he was…
2Cases cited4 opinions
- Martin v. . FunkNew York Court of Appeals · 1878
- Gerrish v. New Bedford Institution for SavingsMassachusetts Supreme Judicial Court · 1880
- Davis v. NeyMassachusetts Supreme Judicial Court · 1878
- Murray v. CannonCourt of Appeals of Maryland · 1875
3Cited by16 opinions
- Love v. FrancisMichigan Supreme Court · 1886
- Bone v. HolmesMassachusetts Supreme Judicial Court · 1907
- Kendrick v.RayMassachusetts Supreme Judicial Court · 1899
- Sherman v. New Bedford Five Cents Savings BankMassachusetts Supreme Judicial Court · 1885
- Brodrick v. O'ConnorMassachusetts Supreme Judicial Court · 1930
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