Beecher v. Cosmopolitan Trust Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on March 15, 1921, against the Cosmopolitan Trust Company and the commissioner of banks seeking a decree directing the repayment to the plaintiff of $500.30 paid by the plaintiff to the bank on September 21, 1920. An answer, but no replication, was filed. Material facts alleged in the pleadings are described in the opinion.
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Bill in equity, filed in the Supreme Judicial Court on March 15, 1921, against the Cosmopolitan Trust Company and the commissioner of banks seeking a decree directing the repayment to the plaintiff of $500.30 paid by the plaintiff to the bank on September 21, 1920. An answer, but no replication, was filed. Material facts alleged in the pleadings are described in the opinion. The bill came on to be heard before Crosby, J., upon the bill and answer, and was reserved for determination by the full court.
1Opinion of the CourtPierce, J.
This is a bill in equity reserved by a single justice upon the bill and answer for the determination of the full court. The facts as stated in the bill and answer are that on September 21, 1920, the plaintiff paid the defendant trust company $500, and thirty cents postage, for a remittance order for twenty-four thousand and two hundred and seventy Roumania lei. He received a receipt which read as follows:
“ Cosmopolitan Trust Co. Foreign Department 60 Devonshire Street , Boston, Mass.
Sold to Beecher El. Co. Address 214 Moody St. Waltham, Mass.
No. 16322 Remittance Order
© =$500.00
September 21,…
2Cases cited4 opinions
- Legniti v. Mechanics & Metals National BankNew York Court of Appeals · 1921
- Freeman's National Bank v. National Tube Works Co.Massachusetts Supreme Judicial Court · 1890
- Furber v. DaneMassachusetts Supreme Judicial Court · 1910
- Taussig v. . Carnegie Trust CompanyNew York Court of Appeals · 1914
3Cited by22 opinions
- Hecker-Jones-Jewell Milling Co. v. Cosmopolitan Trust Co.Massachusetts Supreme Judicial Court · 1922
- Leach v. Battle Creek Savings BankSupreme Court of Iowa · 1926
- Chetopa State Bank v. Farmers & Merchants State BankSupreme Court of Kansas · 1923
- Commissioner of Banks v. Cosmopolitan Trust Co.Massachusetts Supreme Judicial Court · 1924
- Cosmopolitan Trust Co. v. Suffolk Knitting MillsMassachusetts Supreme Judicial Court · 1924
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