Sweeney v. Boston Five Cents Savings Bank
Massachusetts Supreme Judicial Court
Contract to recover money deposited by the plaintiff with the defendant in the name of Mary E. Sweeney, the plaintiff’s wife, but alleged to belong to .the plaintiff.
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Contract to recover money deposited by the plaintiff with the defendant in the name of Mary E. Sweeney, the plaintiff’s wife, but alleged to belong to .the plaintiff. Trial in the Superior Court, before Pitman, J., who reported the case, after verdict, for the determination of this court, in substance as follows : The plaintiff testified that before the first deposit of the aggregate sum now claimed, he had $1000 deposited in his own name in the defendant bank, and that he knew he could not deposit any more in that way; that his wife asked him if he would deposit in her name; that he asked…
1Opinion of the CourtAmes, J.
We do not find, upon the facts stated in this report, any ground for the conclusion that the defendant corporation made any express contract with the plaintiff, or made itself liable to him, under any implied contract, for the payment of any portion of the deposit in question. On the contrary, upon the occasion of the first deposit, he went in company with his wife to the bank, and the money, though furnished by him, was entered in the defendant’s books as her money, and the book, which is the appropriate evidence of the deposit, was delivered to her, and purports on its face to be her…
2Cases cited1 opinion
- McCluskey v. Provident Institution for SavingsMassachusetts Supreme Judicial Court · 1869
3Cited by8 opinions
- Pierce v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1880
- Sherman v. New Bedford Five Cents Savings BankMassachusetts Supreme Judicial Court · 1885
- Scott v. Berkshire County Savings BankMassachusetts Supreme Judicial Court · 1885
- Reder v. RederIllinois Supreme Court · 1924
- Brown v. BrownMassachusetts Supreme Judicial Court · 1899
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