Franklin Savings Bank v. International Trust Co.
Massachusetts Supreme Judicial Court
Contract or tort for $24,122.22, the amount with interest of a check drawn by the plaintiff upon the Second National Bank of Boston payable to the order of the town of Framingham, the declaration containing two counts, the first for the alleged conversion of the check, and the second for money had and received.
Read the full summary
Contract or tort for $24,122.22, the amount with interest of a check drawn by the plaintiff upon the Second National Bank of Boston payable to the order of the town of Framingham, the declaration containing two counts, the first for the alleged conversion of the check, and the second for money had and received. Writ dated December 8, 1911. In the Superior Court the case was tried before Sanderson, J. It appeared that the check was indorsed “Town of Framingham, by John B. Lombard, Treasurer,” and thus indorsed was presented, on November 30, 1908, to the receiving teller of the defendant by the…
1Opinion of the CourtHammond, J.
In view of the decisions of this court as to the powers conferred by law upon a town treasurer, this seems a simple case. The check was made payable to the town of Framingham and could be put into circulation only by the indorsement of the town acting by its agent duly authorized for that purpose. The only indorsement in the name of the town was made by Lombard, the treasurer, in these words: “Town of Framingham, by John B. Lombard, Treasurer.” But he as treasurer had no power to indorse the check for circulation. His only power was to indorse it for deposit for collection to the account of…
2Cases cited4 opinions
- Fillebrown v. HaywardMassachusetts Supreme Judicial Court · 1906
- City of Newburyport v. Fidelity Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1908
- Abbott v. Inhabitants of North AndoverMassachusetts Supreme Judicial Court · 1888
- Holden v. PhelpsMassachusetts Supreme Judicial Court · 1883
3Cited by16 opinions
- Stone & Webster Engineering Corp. v. First National Bank & Trust Co.Massachusetts Supreme Judicial Court · 1962
- Brighton, Inc. v. Colonial First Nat'l BankNew Jersey Superior Court Appellate Division · 1980
- Rodgers v. Bankers National BankSupreme Court of Minnesota · 1930
- Govoni & Sons Construction Co. v. Mechanics BankMassachusetts Appeals Court · 2001
- Nowell v. Mayor of MonroeSupreme Court of Georgia · 1933
11 more not listed; retrieve them via the Exa API.