Legal Opinion

Dunn v. Weston

Supreme Judicial Court of Maine

Decided June 28, 1880PublishedCited by 3 opinions

ON REPORT. The facts are stated in the opinion. cited : Bule 10, S. J. C. ; 3 Kent’s Com. 105, 106, 152 ; 2 Parsons, Notes & Bills, 27, 28, 445, 204; Clinton Bank v. Ayres 16 Ohio, 282; Elliot v. Abbot, 12 N. H. 549 ; Cross v. Rowe, 2 Foster, 77 ; 61 Maine, 512; 1 Parsons, Bills & Notes, 226; McGuire v. Godsby, 3 Call. 234; 5 Wend. 49 ; 37 Maine, 442. The treasurer of a saving bank has no right, virtute officii, to transfer title to paper never negotiated by the bank and…

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ON REPORT. The facts are stated in the opinion. cited : Bule 10, S. J. C. ; 3 Kent’s Com. 105, 106, 152 ; 2 Parsons, Notes & Bills, 27, 28, 445, 204; Clinton Bank v. Ayres 16 Ohio, 282; Elliot v. Abbot, 12 N. H. 549 ; Cross v. Rowe, 2 Foster, 77 ; 61 Maine, 512; 1 Parsons, Bills & Notes, 226; McGuire v. Godsby, 3 Call. 234; 5 Wend. 49 ; 37 Maine, 442. The treasurer of a saving bank has no right, virtute officii, to transfer title to paper never negotiated by the bank and outside of the ordinary course of business. For this he must havfe special authority, which cannot be implied from the…

1Opinion of the CourtAppleton, C. J.

This is an action against the defendants on a promissory note for §5000, dated June 17, 1874, payable in four months, to the Waterville Savings Bank or order, and indorsed by bank to tiie plaintiff.

The following facts appeared in evidence :

On February 17, 1874, the defendants made their promissory note to the Waterville Savings Bank, for five thousand dollars on four months. The note was given for the accommotion of the Somerset Kailroad Company, but that corporation was not a party to it. The defendants, one of whom was a director of the’ railroad company, signed the note without any…

2Cases cited4 opinions

  1. Bank of Rutland v. BuckNew York Supreme Court · 1830
  2. Maitland v. Citizens' National BankCourt of Appeals of Maryland · 1874
  3. President of the Bank of Chenango v. HydeNew York Supreme Court · 1825
  4. East River Bank v. ButterworthNew York Supreme Court · 1866

3Cited by3 opinions

  1. Conrad v. FisherMissouri Court of Appeals · 1889
  2. Mersick v. AldermanSupreme Court of Connecticut · 1905
  3. Evans v. Speer Hardware Co.Supreme Court of Arkansas · 1898

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