Allen v. Fourth National Bank
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on September 8, 1908, by the administrator de bonis non of the estate of Albert H. Bird, to recover the amount of certain checks drawn on the defendant and on the Eliot National Bank, the American National Bank, the Commercial National Bank and the City Trust Company, by one William L. Baker, as administrator-of the estate of the plaintiff’s intestate, to the personal order of Baker, indorsed by him and deposited in his…
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Bill in equity, filed in the Supreme Judicial Court on September 8, 1908, by the administrator de bonis non of the estate of Albert H. Bird, to recover the amount of certain checks drawn on the defendant and on the Eliot National Bank, the American National Bank, the Commercial National Bank and the City Trust Company, by one William L. Baker, as administrator-of the estate of the plaintiff’s intestate, to the personal order of Baker, indorsed by him and deposited in his personal account with the defendant. The prayers of the bill were that the defendant might be adjudged a trustee of the.…
1Opinion of the CourtBraley, J.
The defaulting administrator opened two accounts with the defendant bank, one in his own name and one in his name as administrator of the estate of Albert H. Bird. It is found by the master that his individual account at various times was overdrawn for varying amounts, and that the overdrafts may have been respectively repaid the next succeeding bank days by *244checks drawn on the administrator’s account. But as another deposit to the credit of his individual account also had been made on those days sufficient to pay the overdrafts, the master decided that the plaintiff failed to show that the…
2Cases cited2 opinions
- Allen v. Puritan Trust Co.Massachusetts Supreme Judicial Court · 1912
- Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
3Cited by15 opinions
- Rodgers v. Bankers National BankSupreme Court of Minnesota · 1930
- New Amsterdam v. National NewarkNew Jersey Court of Chancery · 1934
- Banks v. Everett National BankMassachusetts Supreme Judicial Court · 1940
- Maryland Casualty Co. v. City Nat. BankCourt of Appeals for the Sixth Circuit · 1928
- Donnelly v. AldenMassachusetts Supreme Judicial Court · 1918
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