Taft v. Bowker
Massachusetts Supreme Judicial Court
Trustee process. The Milford Savings Bank, summoned as trustee, answered that, at the time of the service of the writ, December 15, 1879, there stood on its books to the credit of the defendant the sum of $292.95. James F. Sawin appeared as claimant of the funds in the hands of the trustee.
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Trustee process. The Milford Savings Bank, summoned as trustee, answered that, at the time of the service of the writ, December 15, 1879, there stood on its books to the credit of the defendant the sum of $292.95. James F. Sawin appeared as claimant of the funds in the hands of the trustee. Trial between the plaintiff and the claimant, the defendant having been defaulted, in the Superior Court, without a jury, before Aldrich, J., who reported the case for the determination of this court, in substance as follows: The claimant testified that, on August 24, 1874, he lent the defendant $420, and…
1Opinion of the CourtField, J.
The report states that, “ upon this evidence, I found as a matter of fact that there was no assignment (prior to the service of the trustee process) to Sawin of the funds in the bank belonging to Bowker, and that all the parties intended was that the book delivered by Bowker to Sawin should be held by the latter as collateral security, and that the delivery of the book was not accompanied by any assignment of the fund represented by the book. I therefore found the claimant had not maintained his claim, and ordered the trustee to be charged upon its answer.”
It is manifest that the learned…
2Cases cited2 opinions
- Pierce v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1880
- Norton v. Piscataqua Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1873
3Cited by19 opinions
- In re Interborough Consol. Corp.Court of Appeals for the Second Circuit · 1923
- James v. City of NewtonMassachusetts Supreme Judicial Court · 1886
- Walton v. Piqua State BankSupreme Court of Kansas · 1970
- Cosmopolitan Trust Co. v. Leonard Watch Co.Massachusetts Supreme Judicial Court · 1924
- McCann v. RandallMassachusetts Supreme Judicial Court · 1888
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