Tremont Trust Co. v. Burack
Massachusetts Supreme Judicial Court
Contract for $339.49, alleged.to have been “money paid by the plaintiff at the request of the defendant.” Writ in the Municipal Court of the City of Boston dated June 26,1918. Upon removal to the Superior Court, the action was tried before Morton, J. It appeared that the plaintiff had paid to the holder the amount of a check for $400, drawn upon it by the defendant, which was in excess of the amount which the defendant had on deposit with the plaintiff.
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Contract for $339.49, alleged.to have been “money paid by the plaintiff at the request of the defendant.” Writ in the Municipal Court of the City of Boston dated June 26,1918. Upon removal to the Superior Court, the action was tried before Morton, J. It appeared that the plaintiff had paid to the holder the amount of a check for $400, drawn upon it by the defendant, which was in excess of the amount which the defendant had on deposit with the plaintiff. This action was to recover the amount of such excess. Before the check was presented for payment, the defendant had given to the plaintiff…
1Opinion of the CourtPierce, J.
This is an action of contract to recover from the defendant the amount of money which the plaintiff (hereinafter called the bank) on presentment paid to a holder of a check drawn on the bank by the defendant, in excess of the deposit standing to the credit of the defendant when the check was paid. The defendant admits that he drew the check, that it was an overdraft, and that it was paid by the bank to the holder through the clearing house. The plaintiff and the defendant are in substantial agreement that, on the day the check was issued and before presentment to or payment by the bank, the…
2Cases cited4 opinions
- Fonseca v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1891
- Carr v. National Security BankMassachusetts Supreme Judicial Court · 1871
- Florence Mining Co. v. BrownSupreme Court of the United States · 1888
- Usher v. A. S. Tucker Co.Massachusetts Supreme Judicial Court · 1914
3Cited by38 opinions
- Sheehan v. GorianskyMassachusetts Supreme Judicial Court · 1947
- Sontag v. GalerMassachusetts Supreme Judicial Court · 1932
- Gaita v. Windsor BankNew York Court of Appeals · 1929
- Hodnick v. Fidelity Trust Co.Indiana Court of Appeals · 1932
- Hiroshima v. Bank of ItalyCalifornia Court of Appeal · 1926
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