Neiman v. Beacon Trust Co.
Massachusetts Supreme Judicial Court
Contract, to recover the amount of a deposit. The case was submitted to the Superior Court, and, after judgment for the plaintiff in the sum of $464.77, to this court, on appeal, upon agreed facts, in substance as follows.
Read the full summary
Contract, to recover the amount of a deposit. The case was submitted to the Superior Court, and, after judgment for the plaintiff in the sum of $464.77, to this court, on appeal, upon agreed facts, in substance as follows. The defendant, a banking institution established under the laws of Massachusetts, authorized to receive money on deposit and subject to check, on August 6, 1896, received on deposit the sum of $600 in the joint names of the plaintiff and Rebecca M. Feldman,- and so entered the deposit to the credit of “ Morris Neiman and Rebecca M. Feldman ” on its books, and issued a…
1Opinion of the CourtAllen, J.
The defendant does not deny that the plaintiff is entitled to sue alone. Boston & Maine Railroad v. Portland, Saco, & Portsmouth Railroad, 119 Mass. 498. The only question is as to the amount which the plaintiff is entitled to recover.
The deposit was made jointly. At the outset each depositor owned one half of it. But it does not appear that the defendant was aware of this. The defendant made no inquiry, and no stipulation to limit the amount of its liability in case of a wrongful payment by it. Ordinarily, a party should be allowed to recover according to his actual interest at the time of…
2Cases cited1 opinion
- Boston & Maine Railroad v. Portland, Saco & Portsmouth RailroadMassachusetts Supreme Judicial Court · 1876
3Cited by5 opinions
- Sawyer v. National Shawmut BankMassachusetts Supreme Judicial Court · 1940
- National City Bank v. Harbin Electric Joint-Stock Co.Court of Appeals for the Ninth Circuit · 1928
- Carr v. Fidelity BankSupreme Court of North Carolina · 1900
- Chromey v. Miners Savings Bank, Pennsylvania Court of Common Pleas, Luzerne County1934
- Sigler v. Kingston National Bank, Pennsylvania Court of Common Pleas, Luzerne County1952