Pierce v. Boston Five Cents Savings Bank
Massachusetts Supreme Judicial Court
Contract to recover deposits amounting to $600, and $15 interest, in a savings bank. The writ and declaration described the action as brought by William L. G. Pierce as administrator of the estate of William Green, Jr., for the benefit of Martin A. Munroe, to whom, as the declaration alleged, Green, “ being then in his last illness, and aware that he might not recover, gave and delivered his pass boob, evidencing the deposits in said bank, as an absolute gift, meaning and…
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Contract to recover deposits amounting to $600, and $15 interest, in a savings bank. The writ and declaration described the action as brought by William L. G. Pierce as administrator of the estate of William Green, Jr., for the benefit of Martin A. Munroe, to whom, as the declaration alleged, Green, “ being then in his last illness, and aware that he might not recover, gave and delivered his pass boob, evidencing the deposits in said bank, as an absolute gift, meaning and intending to assign and transfer his pass book to said Munroe, and to give him the absolute ownership and right of…
1Opinion of the CourtGray, C. J.
The right of action of a depositor against a savings bank is not negotiable at law, and an action against the bank to recover the amount of the deposit can only be brought in the name of the depositor, or, in case of his death, in the name of his administrator. Any one to whom the right has been transferred by a valid gift or assignment is entitled indeed to use the name of the depositor or of his administrator for the purpose of bringing an action against the bank. But the plaintiff and the only plaintiff of record is the person in whose name the action is and must be brought. Foss v. Lowell…
2Cases cited2 opinions
- Kingman v. PerkinsMassachusetts Supreme Judicial Court · 1870
- Foss v. Lowell Five Cents Savings BankMassachusetts Supreme Judicial Court · 1873
3Cited by4 opinions
- Piper v. ChildsMassachusetts Supreme Judicial Court · 1935
- Georgeopoulos v. GeorgeopoulosMassachusetts Supreme Judicial Court · 1939
- Underwood v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1886
- Phillips v. Suffolk Savings Bank for SeamenMassachusetts Supreme Judicial Court · 1914