Pierce v. Boston Five Cents Savings Bank
Massachusetts Supreme Judicial Court
The first case was an action of contract brought by Martin A. Munroe, in the name of the administrator of the estate of William Green, Jr., to recover deposits in the defendant bank made by Green to the amount of $600. Writ dated June 19, 1877. The bank defended the action at the request of the administrator.
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The first case was an action of contract brought by Martin A. Munroe, in the name of the administrator of the estate of William Green, Jr., to recover deposits in the defendant bank made by Green to the amount of $600. Writ dated June 19, 1877. The bank defended the action at the request of the administrator. Trial in the Superior Court, without a jury, before Gardner, J., who allowed a bill of exceptions, in substance as follows: There was evidence tending to show that the intestate delivered the bank book, issued to him by the defendant, to Munroe, for his own use, as a donatio mortis…
1Opinion of the CourtEndicott, J.
It has been repeatedly held that a deposit in a savings bank may be the subject of a valid donatio causa mortis, as well as of a gift inter vivos, and that such a gift may be proved by the delivery of the bank book to the donee, or to a third person for the donee, accompanied by an assignment. Kingman v. Perkins, 105 Mass. 111. Foss v. Lowell Five Cents Savings Bank, 111 Mass. 285. Kimball v. Leland, 110 Mass. 325. Sheedy v. Roach, 124 Mass. 472. Davis v. Ney, 125 Mass. 590.
As there can be no manual delivery of the credit which the donor has in the bank, the delivery of the book, which…
2Cases cited17 opinions
- Davis v. NeyMassachusetts Supreme Judicial Court · 1878
- Westerlo v. . De WittNew York Court of Appeals · 1867
- Runyan v. MersereauNew York Supreme Court · 1814
- Camp's Appeal from ProbateSupreme Court of Connecticut · 1869
- Kingman v. PerkinsMassachusetts Supreme Judicial Court · 1870
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3Cited by71 opinions
- Basket v. HassellSupreme Court of the United States · 1883
- Ridden v. . ThrallNew York Court of Appeals · 1891
- Whalen v. MilhollandCourt of Appeals of Maryland · 1899
- Jacobs v. JolleyIndiana Court of Appeals · 1902
- Bone v. HolmesMassachusetts Supreme Judicial Court · 1907
66 more not listed; retrieve them via the Exa API.