Carr v. National Security Bank
Massachusetts Supreme Judicial Court
Contract by the payee against the drawees, on a bank check. The declaration alleged that the defendants were a banking corporation of deposit, discount and circulation, doing business in Boston, and the firm of Lincoln & Company on and before May 1868 “ were customers of and depositors in said bank, and had been accustomed to deposit money in said bank, and draw their checks upon the same, and said bank, in consideration that said firm would so deposit funds in said bank,…
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Contract by the payee against the drawees, on a bank check. The declaration alleged that the defendants were a banking corporation of deposit, discount and circulation, doing business in Boston, and the firm of Lincoln & Company on and before May 1868 “ were customers of and depositors in said bank, and had been accustomed to deposit money in said bank, and draw their checks upon the same, and said bank, in consideration that said firm would so deposit funds in said bank, promised and agreed with said firm to pay all checks and drafts of said firm on said bank, when in funds of said firm to…
1Opinion of the CourtGbay, J.
It is a general rule of law, that upon a promise made by one person to another, for the benefit of a third from whom no consideration moves, the latter cannot sue ; and the exception to this rule, which holds a person, in whose hands funds have been placed to pay creditors of the depositor, liable to *48actions by them, has not been extended, in this Commonwealth or in England, to a case in which neither such creditors nor the amounts of their debts are named or ascertained at the date of the promise. Mellen v. Whipple, 1 Gray, 317. Dow v. Clark, 7 Gray, 198. Frost v. Cage, 1 Allen, 262. Fairlie…
2Cases cited1 opinion
- Exchange Bank of St. Louis v. RiceMassachusetts Supreme Judicial Court · 1867
3Cited by49 opinions
- Universal Adjustment Corp. v. Midland Bank, Ltd., of LondonMassachusetts Supreme Judicial Court · 1933
- Allen v. Puritan Trust Co.Massachusetts Supreme Judicial Court · 1912
- Cottage Street Methodist Episcopal Church v. KendallMassachusetts Supreme Judicial Court · 1877
- Greenfield Savings Bank v. StowellMassachusetts Supreme Judicial Court · 1877
- Wood v. American National BankSupreme Court of Virginia · 1902
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