Richardson v. Winnisimmet National Bank
Massachusetts Supreme Judicial Court
Bill in equity, filed February 20, 1904, by the trustee in bankruptcy of J. Francis Brown, for an accounting, and to compel the defendant to pay to the plaintiff as such trustee whatever should be found to be the value of certain securities sold by the defendant, after deducting the amount due on a certain note for $15,000 given by Brown to the County Savings Bank and by that bank transferred to the defendant.
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Bill in equity, filed February 20, 1904, by the trustee in bankruptcy of J. Francis Brown, for an accounting, and to compel the defendant to pay to the plaintiff as such trustee whatever should be found to be the value of certain securities sold by the defendant, after deducting the amount due on a certain note for $15,000 given by Brown to the County Savings Bank and by that bank transferred to the defendant. The bill alleged: 1. That on June 27,1903, and for a long time before, J. Francis Brown, late of Cohasset, was engaged in the banking and brokerage business in the city of Boston under…
1Opinion of the CourtHammond, J.
Whether the note given to the County Savings
Bank is negotiable we have not found it necessary to decide. See Mahoney v. Fitzpatrick, 133 Mass. 151; Richards v. Barlow, 140 Mass. 218 ; R. L. c. 73, §§ 19, 21. Upon its face it is made payable to the bank “ or order,” and, as said by Holmes, J. in construing a note in Richards v. Barlow, p. 221: “ The form of the instrument plainly imports that it was drawn on the assumption that it would be negotiable, and, even if this assumption was erroneous, it must be taken into account none the less, if necessary, in interpreting the meaning of the power.”
2Cases cited6 opinions
- Thompson v. FairbanksSupreme Court of the United States · 1905
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- Humphrey v. TatmanSupreme Court of the United States · 1905
- Richards v. BarlowMassachusetts Supreme Judicial Court · 1885
- Mahoney v. FitzpatrickMassachusetts Supreme Judicial Court · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Oleon v. Rosenbloom & Co.Supreme Court of Pennsylvania · 1915
- Schwarz v. AverySupreme Court of Vermont · 1943
- George D. Harter Bank of Canton v. InglisCourt of Appeals for the Sixth Circuit · 1925
- Commercial National Bank v. MaySupreme Court of Iowa · 1919
- Bradburn v. Wyoming Trust Co.Wyoming Supreme Court · 1936
6 more not listed; retrieve them via the Exa API.