Atlantic Cotton Mills v. Indian Orchard Mills
Massachusetts Supreme Judicial Court
Contract to recover the balance of a mutual account between tbe parties. The defendant filed a declaration in set-off, to diminish such balance. Trial in this court, without a jury, before Eevens, J., who reported the case for the consideration of the full court. The case was submitted upon an auditor’s report as an agreed statement of facts, in substance as follows.
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Contract to recover the balance of a mutual account between tbe parties. The defendant filed a declaration in set-off, to diminish such balance. Trial in this court, without a jury, before Eevens, J., who reported the case for the consideration of the full court. The case was submitted upon an auditor’s report as an agreed statement of facts, in substance as follows. The two corporations had had business relations with, one another for many years, during which the respective treasurers had lent the funds of each to the other by means of the checks of one in favor of the other. The directors…
1Opinion of the CourtC. Allen, J.
The only question in this case is whether the defendant is entitled to be allowed, by way of set-off, for certain checks amounting to the Sum of $219,114.48, which were fraudulently drawn by Gray on account of the defendant in favor of the plaintiff, as shown in the auditor’s report, and transferred to and used for the benefit of the plaintiff.
There is no doubt that there has been an unauthorized transfer of property to this amount from the treasury of the defendant corporation to the treasury of the plaintiff corporation, without any consideration as between the two corporations. It was a…
2Cases cited23 opinions
- The Distilled SpiritsSupreme Court of the United States · 1871
- Bennett v. . JudsonNew York Court of Appeals · 1860
- United States v. State BankSupreme Court of the United States · 1878
- Innerarity v. Merchants' National BankMassachusetts Supreme Judicial Court · 1885
- Loring v. BrodieMassachusetts Supreme Judicial Court · 1883
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3Cited by105 opinions
- Allen v. South Boston RailroadMassachusetts Supreme Judicial Court · 1889
- Whiting v. . Hudson Trust Co.New York Court of Appeals · 1923
- Curtis, Collins & Holbrook Co. v. United States, and Twenty-Three Other CasesSupreme Court of the United States · 1923
- Munroe v. HarrimanCourt of Appeals for the Second Circuit · 1936
- Curtis, Collins & Holbrook Co. v. United StatesSupreme Court of the United States · 1923
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