Day v. Old Colony Trust Co.
Massachusetts Supreme Judicial Court
Contract to recover $18,254.84 alleged to have been had and received by the defendant to the plaintiff’s use, being the amount of a deposit alleged to have been held by the defendant for and subject to the order of the plaintiff as conservator of the property of Anna W. Meeker, late of Newton, and alleged to have, been paid by the defendant without the consent of the plaintiff to the executor of the will of Anna W. Meeker.
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Contract to recover $18,254.84 alleged to have been had and received by the defendant to the plaintiff’s use, being the amount of a deposit alleged to have been held by the defendant for and subject to the order of the plaintiff as conservator of the property of Anna W. Meeker, late of Newton, and alleged to have, been paid by the defendant without the consent of the plaintiff to the executor of the will of Anna W. Meeker. Writ dated June 3, 1915. In the Superior Court the case first was tried before J. F. Brown, J., who ordered a verdict for the defendant and at the request of the plaintiff…
1Opinion of the CourtRugg, C. J.
This case was before the court in 228 Mass. 225. The facts as disclosed on this record are much amplified and quite different from those presented by the earlier record. It now appears, by testimony of a vice president of the defendant and hence binding upon it, that the history of the account in question was this: On April 5,1906, a checking account was opened in this form) “Mary E. Allen, Attorney for Anna W. Meeker.” The pass book *209issued by the defendant showed that it was.“Old Colony Trust Company Boston In account with Mary E. Allen, Atty for Anna W. Meeker.” That account stood on the…
2Cases cited5 opinions
- City National Bank v. Charles Baker Co.Massachusetts Supreme Judicial Court · 1901
- Foster v. BaileyMassachusetts Supreme Judicial Court · 1892
- Day v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1917
- McKim v. MannMassachusetts Supreme Judicial Court · 1886
- Richmond v. Adams National BankMassachusetts Supreme Judicial Court · 1890
3Cited by6 opinions
- Brackett v. FullerMassachusetts Supreme Judicial Court · 1932
- Hull v. AdamsMassachusetts Supreme Judicial Court · 1934
- North Adams National Bank v. CurtissMassachusetts Supreme Judicial Court · 1932
- Cassel v. Mercantile Trust CompanySupreme Court of Missouri · 1965
- S. S. Pierce Co. v. FiskeMassachusetts Supreme Judicial Court · 1921
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