Broderick v. Waltham Savings Bank
Massachusetts Supreme Judicial Court
Contract to recover money deposited by the plaintiff with the defendants. At the trial in the superior court, before Putnam, J., the plaintiff introduced evidence tending to show that the money was his own; that he deposited it with the defendants in the name of Ellen Whalen, to avoid its being attached; that the bank book, or pass book, so called, had always been in his possession ; that he told the defendants that the money belonged to him; that they told him to procure a…
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Contract to recover money deposited by the plaintiff with the defendants. At the trial in the superior court, before Putnam, J., the plaintiff introduced evidence tending to show that the money was his own; that he deposited it with the defendants in the name of Ellen Whalen, to avoid its being attached; that the bank book, or pass book, so called, had always been in his possession ; that he told the defendants that the money belonged to him; that they told him to procure a transfer of the book from Ellen Whalen; that she refused to transfer it; and that he told the defendants of her refusal.…
1Opinion of the CourtChapman, C. J.
No exceptions were taken by the plaintiff, and therefore there is no question before us, as to the propriety of deducting from the plaintiff’s claim the amount paid out by the defendants on the trustee process.
A a to the balance claimed by the plaintiff, the jury have found, under the instructions of the court, that the money deposited by the plaintiff in the bank was his own money, and that he did not deposit it for Ellen Whalen or as her trustee, or intending it as a gift for her. It appeared further at the trial, that she disclaimed any interest in it, and that she refused to transfer the…
2Cases cited1 opinion
- Brabrook v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1870
3Cited by13 opinions
- Telford v. PattonIllinois Supreme Court · 1892
- Burtnett v. First National BankMichigan Supreme Court · 1878
- Sherman v. New Bedford Five Cents Savings BankMassachusetts Supreme Judicial Court · 1885
- Scott v. Berkshire County Savings BankMassachusetts Supreme Judicial Court · 1885
- Ide v. PierceMassachusetts Supreme Judicial Court · 1883
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