Legal Opinion

Minor v. Rogers

Supreme Court of Connecticut

Decided November 15, 1873PublishedCited by 57 opinions

Assumpsit for money had. and received; brought to the Court of Common Pleas in New Haven county and tried upon the general issue closed to the court. The court found the following facts: For sixteen years prior to her death, which occurred in the year 1868, Mary Daniels lived as a near neighbor’ to the plaintiff’s father, in the town of Branford.

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Assumpsit for money had. and received; brought to the Court of Common Pleas in New Haven county and tried upon the general issue closed to the court. The court found the following facts: For sixteen years prior to her death, which occurred in the year 1868, Mary Daniels lived as a near neighbor’ to the plaintiff’s father, in the town of Branford. She was a widow, having a large estate and no children, and left property to the amount of about $35,000. She was intimate with and friendly to the family of the plaintiff’s father, and was in the habit of employing the plaintiff to run of errands,…

1Opinion of the CourtPark, J.

It is found in this case that Mary Daniels deposited the sum of two hundred and fifty dollars in the New Haven Savings Bank for the sole benefit of the plaintiff, and that she did this intending thereby to vest in the plaintiff all the beneficial interest in the deposit. Within a few days thereafter she informed the plaintiff’s father of what she had done for the plaintiff, and remarked that he would need the donation to acquire an education. But she made the deposit in her own name as trustee of the plaintiff, and kept the bank book in her possession; and this gives rise to all the doubt…

2Cases cited4 opinions

  1. Camp's Appeal from ProbateSupreme Court of Connecticut · 1869
  2. Grangiac v. ArdenNew York Supreme Court · 1813
  3. Howard v. Windham County Savings BankSupreme Court of Vermont · 1868
  4. Underhill v. MorganSupreme Court of Connecticut · 1865

3Cited by57 opinions

  1. Martin v. . FunkNew York Court of Appeals · 1878
  2. Milholland v. WhalenCourt of Appeals of Maryland · 1899
  3. Gerrish v. New Bedford Institution for SavingsMassachusetts Supreme Judicial Court · 1880
  4. Mabie v. . BaileyNew York Court of Appeals · 1884
  5. Telford v. PattonIllinois Supreme Court · 1892

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