Brookhouse v. Union Publishing Co.
Supreme Court of New Hampshire
Bill in Equity, to recover sums of money with which it is alleged the defendants are chargeable as trustees for the plaintiff. The facts were partly agreed to and partly found by the court. Transferred from the May term, 1904, of the superior court by Pihe, J. From a date prior to May, 1895, to October, 1895, Joseph C. Moore was the defendants’ treasurer and manager, and had the practical control of their affairs.
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Bill in Equity, to recover sums of money with which it is alleged the defendants are chargeable as trustees for the plaintiff. The facts were partly agreed to and partly found by the court. Transferred from the May term, 1904, of the superior court by Pihe, J. From a date prior to May, 1895, to October, 1895, Joseph C. Moore was the defendants’ treasurer and manager, and had the practical control of their affairs. From February, 1894, to October, 1895, they also had au assistant treasurer, whose powers and duties were the same as those of the treasurer in case of the latter’s absence or…
1Opinion of the CourtChase, J.
The fact that Moore made use of the money in question for his own purposes very soon after he withdrew it from the savings bank, and that in using it he pursued the course of his habit in the use of private funds, — depositing the money in the National Bank in the defendants’ name and immediately checking it out for his private purposes, — was competent evidence upon the question of his intention at the time of the withdrawals. As this evidence has a tendency to support the court’s finding, the plaintiff’s exception to the finding must be overruled; and the finding must be accepted as true in…
2Cases cited12 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- American Surety Company v. PaulySupreme Court of the United States · 1898
- Holden v. . New York and Erie BankNew York Court of Appeals · 1878
- Allen v. South Boston RailroadMassachusetts Supreme Judicial Court · 1889
- Interstate National Bank v. ClaxtonTexas Supreme Court · 1904
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- Rodgers v. Bankers National BankSupreme Court of Minnesota · 1930
- Kean v. National City BankCourt of Appeals for the Sixth Circuit · 1923
- Tatum v. Commercial Bank & Trust Co.Supreme Court of Alabama · 1915
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