Foreign Trade Banking Corp. v. Cosmopolitan Trust Co.
Massachusetts Supreme Judicial Court
Contract with a declaration in fifteen counts. The first count was for thirteen items of money alleged to have been had and received by the defendant to the use of the plaintiff.
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Contract with a declaration in fifteen counts. The first count was for thirteen items of money alleged to have been had and received by the defendant to the use of the plaintiff. Each of the counts numbered two to fourteen, inclusive, was upon a foreign bill of exchange, drawn by the defendant upon the Crédito Italiano and payable to the plaintiff in lire, some at Milan and some at Genoa in Italy, and in each the plaintiff sought as damages the value, as of the date when the commissioner of banks took possession of the property and business of the defendant, of the number of lire described in…
1Opinion of the CourtRugg, C. J.
This is an action of contract brought against the Cosmopolitan Trust Company after disallowance by the commissioner of banks in possession of its business and property of a claim presented by the plaintiff. G. L. c. 167, §§ 22 to 36. The plaintiff at various times, beginning with August 28, 1920, and ending with September 17, 1920, paid to the trust company a total of $177,051.60 for checks or foreign bills of exchange drawn by the trust company upon the Crédito Italiano, a bank in Italy, payable without specification of date to the order of the plaintiff or to the order of that bank for the…
2Cases cited7 opinions
- Richmond v. IronsSupreme Court of the United States · 1887
- White v. KnoxSupreme Court of the United States · 1884
- American Express Co. v. Cosmopolitan Trust Co.Massachusetts Supreme Judicial Court · 1921
- Usher v. A. S. Tucker Co.Massachusetts Supreme Judicial Court · 1914
- Grimshaw v. BenderMassachusetts Supreme Judicial Court · 1809
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Cosmopolitan Trust Co. v. Suffolk Knitting MillsMassachusetts Supreme Judicial Court · 1924
- Paulink v. American Express Co.Massachusetts Supreme Judicial Court · 1928
- Carmen v. HigginsonMassachusetts Supreme Judicial Court · 1923
- Gallup v. BartonMassachusetts Supreme Judicial Court · 1943
- John A. Wogan, Inc. v. Tremont Trust Co.Massachusetts Supreme Judicial Court · 1922