Cunningham v. Worcester Five Cents Savings Bank
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on September 1, 1911, and afterwards amended, against the Worcester Five Cents Savings Bank and one Francis J. Yates, a building contractor, alleging in substance that the plaintiffs had given to the defendant bank a mortgage to secure their promissory note for $4,800, that only $1,600 of that amount had been paid to the plaintiffs by the defendant bank, that the defendant bank had paid to the defendant Yates without authorization…
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Bill in equity, filed in the Superior Court on September 1, 1911, and afterwards amended, against the Worcester Five Cents Savings Bank and one Francis J. Yates, a building contractor, alleging in substance that the plaintiffs had given to the defendant bank a mortgage to secure their promissory note for $4,800, that only $1,600 of that amount had been paid to the plaintiffs by the defendant bank, that the defendant bank had paid to the defendant Yates without authorization by the plaintiffs an additional $2,000, that, because the plaintiffs had refused to recognize that payment as a part of…
1Opinion of the CourtCarroll, J.
The plaintiffs made a contract with Francis J. Yates to build a house. The plaintiffs borrowed from the defendant savings bank $4,800 and gave a note for that amount, secured by a mortgage, and left with the bank an order directing it to “pay to the order of Francis J. Yates, on architect’s order and authorization by James Cunningham, $4,800.” The bank paid $1,600 on the joint order, in writing, of Cunningham and the architect, and later it made a payment of $2,000 to Yates on the written order of the architect, not authorized, in writing, by Cunningham but orally, by him.
The case was…
2Cases cited7 opinions
- Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
- Parker v. NickersonMassachusetts Supreme Judicial Court · 1884
- O'Brien v. MurphyMassachusetts Supreme Judicial Court · 1905
- New York Bank Note Co. v. Kidder Press Manufacturing Co.Massachusetts Supreme Judicial Court · 1906
- Henderson v. FosterMassachusetts Supreme Judicial Court · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Dittemore v. DickeyMassachusetts Supreme Judicial Court · 1924
- Summerfield Co. v. Prime Furniture Co.Massachusetts Supreme Judicial Court · 1922
- Webster v. KellyMassachusetts Supreme Judicial Court · 1931
- Bean's CaseMassachusetts Supreme Judicial Court · 1917
- Raymond v. StoneMassachusetts Supreme Judicial Court · 1923