Whitney v. Eliot National Bank
Massachusetts Supreme Judicial Court
Bill of intebpleadeb, filed May 9, 1883, against the Eliot National Bank, and James N. Smith and Charles H. Northam, co-partners doing business under the firm name of Smith, Northam, and Company, to determine the ownership of a sum of money deposited with the plaintiffs.
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Bill of intebpleadeb, filed May 9, 1883, against the Eliot National Bank, and James N. Smith and Charles H. Northam, co-partners doing business under the firm name of Smith, Northam, and Company, to determine the ownership of a sum of money deposited with the plaintiffs. The bill alleged that, on March 21,1883, the firm of Hatheway and Company, doing business in Boston, in this Commonwealth, placed in the hands of the plaintiffs the sum of $1590 for the benefit of whom it-might concern; that said sum was the amount received by said firm from George Morrison, of St. John, New Brunswick,…
1Opinion of the CourtField, J.
The bill has been taken as confessed against Smith and Northam; and it is manifest that, upon the allegations of the bill, they are not entitled to the money. They sold the meal to Hatheway and Company; but it does not appear ' that the title did not pass to Hatheway and Company by this sale, and no facts appear which give Smith, Northam, and Company any lien upon the proceeds of the sale made by Hatheway and Company to Morrison. If the drafts or bills of exchange constitute an assignment of the debt due, or to become due, to Hatheway and Company from Morrison, Hatheway and Company received…
2Cases cited5 opinions
- Brill v. . TuttleNew York Court of Appeals · 1880
- Carr v. National Security BankMassachusetts Supreme Judicial Court · 1871
- Early v. McCartCourt of Appeals of Kentucky · 1834
- Corbett v. ClarkWisconsin Supreme Court · 1878
- Spurgin v. McPheetersIndiana Supreme Court · 1873
3Cited by10 opinions
- James v. City of NewtonMassachusetts Supreme Judicial Court · 1886
- First National Bank v. LightnerSupreme Court of Kansas · 1906
- Baer v. English & Co.Supreme Court of Georgia · 1890
- Holbrook v. PayneMassachusetts Supreme Judicial Court · 1890
- First National Bank v. SullivanWashington Supreme Court · 1911
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