Holden v. Metropolitan National Bank
Massachusetts Supreme Judicial Court
Contract for money had and received. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on agreed facts, in substance as follows. In 1878, Nathan P. Pratt, the treasurer of the Reading Savings Bank, of which the plaintiffs were the receivers, had certain shares of stock belonging to the savings bank transferred to the defendant.
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Contract for money had and received. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on agreed facts, in substance as follows. In 1878, Nathan P. Pratt, the treasurer of the Reading Savings Bank, of which the plaintiffs were the receivers, had certain shares of stock belonging to the savings bank transferred to the defendant. Upon the delivery by him of new certificates for such shares to the defendant, the latter in good faith made a loan of a sum of money in the name of the savings bank, and paid it over to him. The defendant…
1Opinion of the CourtHolmes, J.
This is the same case which was reported in 138 Mass. 48, but it now comes before us upon agreed facts, which, it is argued, present a new question. The plaintiffs seek to recover the proceeds of the sale of certificates of certain bank stock which stood in the name of the defendant as security for loans. The loans were obtained by Pratt, the treasurer of the Reading Savings Bank, without authority, and he at the same time took certificates of bank stock belonging to the savings bank, had the certificates in question issued in place of them, and delivered the new certificates to the…
2Cases cited3 opinions
- Metcalf v. WilliamsMassachusetts Supreme Judicial Court · 1887
- Pratt v. Taunton Copper Manufacturing Co.Massachusetts Supreme Judicial Court · 1877
- Holden v. Metropolitan National BankMassachusetts Supreme Judicial Court · 1884
3Cited by2 opinions
- Raphael v. ReinsteinMassachusetts Supreme Judicial Court · 1891
- Wall v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1899