Brannan v. Eliot Five Cents Savings Bank
Massachusetts Supreme Judicial Court
Contract for the amount of a deposit placed with the defendant bank by one Patrick J. Brannan, who on March 3,1911, three days before his death, delivered to the plaintiff, his brother, the deposit book together with an order in writing signed by him and directing the payment to the plaintiff of the amount standing to his credit on account of the book.
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Contract for the amount of a deposit placed with the defendant bank by one Patrick J. Brannan, who on March 3,1911, three days before his death, delivered to the plaintiff, his brother, the deposit book together with an order in writing signed by him and directing the payment to the plaintiff of the amount standing to his credit on account of the book. The plaintiff presented the book and the order to the defendant within an hour or two of his brother’s death, stating the fact of the death, and payment was refused by the defendant. Writ dated March 13, 1911. In the Superior Court the case was…
1Opinion of the CourtMorton, J.
The delivery of the bank book and order by the depositor to the plaintiff constituted a valid assignment and trans*534fer of the deposit to him and gave him a complete title thereto. Davis v. Ney, 125 Mass. 590. Kimball v. Leland, 110 Mass. 325.
There is nothing in the statute referred to (St. 1908, c. 590, § 65) or the by-laws to prevent the plaintiff from maintaining this action. The statute merely provides that a bank may pay an order after the death of the depositor if presented within thirty days after its date. A similar provision exists in regard to the payment of checks. R. L. c. 73, § 17.…
2Cases cited2 opinions
- Davis v. NeyMassachusetts Supreme Judicial Court · 1878
- Kimball v. LelandMassachusetts Supreme Judicial Court · 1872
3Cited by6 opinions
- Milan v. BoucherMassachusetts Supreme Judicial Court · 1934
- Consumer Savings Bank v. Commissioner of BanksMassachusetts Supreme Judicial Court · 1972
- Hileman v. HulverCourt of Appeals of Maryland · 1966
- Neil v. National Bank of DetroitMichigan Supreme Court · 1958
- Smith v. Merchants National BankMassachusetts Supreme Judicial Court · 1953
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