School District v. First National Bank
Massachusetts Supreme Judicial Court
Contract on an account annexed for money deposited with the defendants by the plaintiffs’ treasurer. Trial in the superior court, without a jury, before Brigham, C. J., who found these facts: “ Major H. Tyler was elected and qualified clerk and treasurer of the plaintiff school district in March 1867. On January 27, 1868, Salem Rich, collector of taxes of Greenfield, paid to Tyler $250, for the use of the district for school purposes, and Tyler, on that day, deposited the…
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Contract on an account annexed for money deposited with the defendants by the plaintiffs’ treasurer. Trial in the superior court, without a jury, before Brigham, C. J., who found these facts: “ Major H. Tyler was elected and qualified clerk and treasurer of the plaintiff school district in March 1867. On January 27, 1868, Salem Rich, collector of taxes of Greenfield, paid to Tyler $250, for the use of the district for school purposes, and Tyler, on that day, deposited the same in the defendant bank. On February 28, 1868, Tyler drew his check, styling himself in drawing 6 treasurer,’ and…
1Opinion of the CourtChapman, C. J.
When Tyler deposited in the bank the money which he held as treasurer of the school district, and caused it to be credited to his private account, without giving any notice that it was not his private property, or making any special agreement in respect to it, he thereby converted it to his own use. The specific money became the property of the bank, which they might apply to the payment of any money that he then owed them on account, and for the balance of which they would be his debtors. By giving him credit for it, the sum of $3.57, for which his account had been overdrawn, was paid, and…
2Cited by27 opinions
- Atlantic Cotton Mills v. Indian Orchard MillsMassachusetts Supreme Judicial Court · 1888
- Allen v. Puritan Trust Co.Massachusetts Supreme Judicial Court · 1912
- Independent District v. KingSupreme Court of Iowa · 1890
- Smith v. Des Moines National BankSupreme Court of Iowa · 1899
- Lowry v. Polk CountySupreme Court of Iowa · 1879
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