McCluskey v. Provident Institution for Savings
Massachusetts Supreme Judicial Court
Contract to recover money deposited with the defendants by the plaintiff under the name of Catherine Shea. The answer alleged the defendants’ ignorance of the facts set forth in the declaration, and that, if the plaintiff made such deposits, she was at the time of making them the wife of Daniel Shea ; “ that said deposits belonged to him and not to the plaintiff, and were made by the plaintiff for him, at his request and for his benefit; that, prior to the commencement of…
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Contract to recover money deposited with the defendants by the plaintiff under the name of Catherine Shea. The answer alleged the defendants’ ignorance of the facts set forth in the declaration, and that, if the plaintiff made such deposits, she was at the time of making them the wife of Daniel Shea ; “ that said deposits belonged to him and not to the plaintiff, and were made by the plaintiff for him, at his request and for his benefit; that, prior to the commencement of the plaintiff’s suit and since said deposits were made, Daniel Shea died, and Patrick J. Shea, his son, has been duly…
1Opinion of the CourtColt, J.
The recitals from the defendants’ answer, contained in the bill of exceptions, do not state, nor was it agreed as a ffict, that the deposits in the lifetime of the plaintiff’s former husband, were made without his knowledge or assent, or that the money was required for the payment of his debts existing at the time. If this were all, it would be fair to presume that they were made in her name with his consent, and that they are not now claimed in behalf of creditors. The fact that the deposit was made in her name, with his knowledge and consent, would be sufficient evidence, if uncontrolled,…
2Cited by22 opinions
- Brabrook v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1870
- Gerace v. GeraceMassachusetts Supreme Judicial Court · 1938
- Scott v. Berkshire County Savings BankMassachusetts Supreme Judicial Court · 1885
- GarlandSupreme Judicial Court of Maine · 1927
- Jacobs v. HeslerMassachusetts Supreme Judicial Court · 1873
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