Legal Opinion

Phelan v. Atlantic National Bank

Massachusetts Supreme Judicial Court

Decided November 28, 1938PublishedCited by 10 opinions

1Opinion of the CourtDolan, J.

This is an action of tort. The case was tried to a jury and comes before us on the plaintiff’s exceptions to the action of the judge, at the close of the evidence, in ordering the jury to return a verdict for the defendant, and to the exclusion of certain evidence. The plaintiff’s declaration contains two counts. In the first it is alleged that on November 22, 1926, one Murphy was treasurer of Murphy Gorman & Waterhouse Inc., which owed the defendant $100,000; that of this sum $32,500 was overdue; that Murphy had misappropriated $100,000 of the funds of the corporation, which was then…

2Cases cited14 opinions

  1. Pacific National Bank v. MixterSupreme Court of the United States · 1888
  2. Van Reed v. People's National Bank of LebanonSupreme Court of the United States · 1905
  3. New England Foundation Co. v. ReedMassachusetts Supreme Judicial Court · 1911
  4. Johnson v. East Boston Savings BankMassachusetts Supreme Judicial Court · 1935
  5. Edgerly v. First National BankMassachusetts Supreme Judicial Court · 1935

9 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Stone & Webster Engineering Corp. v. First National Bank & Trust Co.Massachusetts Supreme Judicial Court · 1962
  2. Aetna Casualty Surety Co. v. P & B AutobodyCourt of Appeals for the First Circuit · 1994
  3. Weiner v. LowensteinMassachusetts Supreme Judicial Court · 1943
  4. Butler v. Anderson (In Re C.R. Stone Concrete Contractors, Inc.)United States Bankruptcy Court, D. Massachusetts · 2011
  5. Aetna Casualty v. Arsenal Auto RepairsCourt of Appeals for the First Circuit · 1994

5 more not listed; retrieve them via the Exa API.

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