Kimball v. Leland
Massachusetts Supreme Judicial Court
Contract by the wife of Noah Kimball against the administrator of the estate of Grace Brown, for money had and received. At the trial in this court, oefore Chapman, C. J., it appeared that on January 31, 1866, the defendant’s intestate had a deposit of $700 in the Worcester County Institution for Savings, and a bank book, in which the amount of' the deposit was stated.
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Contract by the wife of Noah Kimball against the administrator of the estate of Grace Brown, for money had and received. At the trial in this court, oefore Chapman, C. J., it appeared that on January 31, 1866, the defendant’s intestate had a deposit of $700 in the Worcester County Institution for Savings, and a bank book, in which the amount of' the deposit was stated. The plaintiff testified that on that day the defendant’s intestate delivered the bank book to her, for the purpose of transferring the money to her, and signed and delivered to her the following order: “ January 31, 1866. To…
1Opinion of the CourtWells, J.
Under the instructions given to the jury, their verdict must be taken to have established the fact that the order and bank book were delivered to the plaintiff by Grace Brown, in her lifetime, “for the purpose of transferring the money to her.”
It is objected that this did not operate as a present transfer of the deposit; and that it must fail to have that effect, because the power thus given to make it complete by a transfer at the bank or by drawing the money was not exercised during the life of Grace Brown. The answer to this is that the interest of Grace Brown was not in any specific…
2Cases cited1 opinion
- Kingman v. PerkinsMassachusetts Supreme Judicial Court · 1870
3Cited by24 opinions
- Pierce v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1880
- Davis v. NeyMassachusetts Supreme Judicial Court · 1878
- Jacobs v. JolleyIndiana Court of Appeals · 1902
- Stebbins v. North Adams Trust Co.Massachusetts Supreme Judicial Court · 1922
- Varley v. SimsSupreme Court of Minnesota · 1907
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