Schmidt v. People's National Bank
Massachusetts Supreme Judicial Court
Contract upon a certificate of deposit for $2,700, dated January 18, 1888, “payable to the order of Charles E. Swain on return of this certificate properly indorsed,” and indorsed by him to the plaintiff. Writ dated August 8, 1889. Trial without a jury, in the Superior Court, before Bishop, J., who reported the case for the consideration of this court.
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Contract upon a certificate of deposit for $2,700, dated January 18, 1888, “payable to the order of Charles E. Swain on return of this certificate properly indorsed,” and indorsed by him to the plaintiff. Writ dated August 8, 1889. Trial without a jury, in the Superior Court, before Bishop, J., who reported the case for the consideration of this court. In January, 1888, Swain, at the plaintiff’s request, took the amount represented by the certificate and deposited it for him in the defendant bank, receiving therefor the certificate, which he thereupon indorsed and delivered to the plaintiff.…
1Opinion of the CourtMorton, J.
Whether regarded as a rule of practice or as a rule of law, it is well settled in this State that it is within the power of the court in an action at law upon a lost note by the owner thereof, or by the party entitled thereto, to require *552the plaintiff, before the entry of judgment thereon and the issuing of execution, to file a suitable bond of indemnity for the protection of the maker or of the party or parties whom the plaintiff seeks to hold in such action. Fales v. Russell, 16 Pick. 315. Almy v. Reed, 10 Cush. 421. Tower v. Appleton Bank, 3 Allen, 387. Tuttle v. Standish, 4 Allen, 481.…
2Cases cited6 opinions
- Pierce v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1880
- Union Institution for Savings v. City of BostonMassachusetts Supreme Judicial Court · 1880
- Brannon v. HursellMassachusetts Supreme Judicial Court · 1873
- Hinckley v. Union Pacific RailroadMassachusetts Supreme Judicial Court · 1880
- Cobb v. TirrellMassachusetts Supreme Judicial Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Glidden v. ChamberlinMassachusetts Supreme Judicial Court · 1897
- Kendall v. Equitable Life Assurance SocietyMassachusetts Supreme Judicial Court · 1898
- Pierce v. State National BankMassachusetts Supreme Judicial Court · 1913
- Chapple v. Merchants National BankMassachusetts Supreme Judicial Court · 1933
- James Stewart & Co. v. National Shawmut BankMassachusetts Supreme Judicial Court · 1935
4 more not listed; retrieve them via the Exa API.