Wood v. Boylston National Bank
Massachusetts Supreme Judicial Court
Contract for money had and received, to recover the amount collected upon a promissory note, dated August 7, 1874, signed by F. Guss, payable in nine months after date t.o the order of A. B. Savage & Co., and by them indorsed. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court on appeal, upon agreed facts, which appear in the opinion.
1Opinion of the CourtColt, J.
The plaintiff was the owner of the note, the avails of which he seeks to recover in this action. It was a negotiable note, indorsed in blank by the payee. Before it fell due, the plaintiff delivered it to Abraham Jackson, an attorney at law, for collection, and he deposited it, without his own indorsement, in the defendant bank, where he kept an account, for collection. At the time the note was left with the bank, and at the time of its- maturity and payment, Jackson was owing the bank, for advances and otherwise, more than the amount of the note. Nothing was said when it was deposited, or…
2Cases cited5 opinions
- President of the Bank of the Metropolis v. President of the New England BankSupreme Court of the United States · 1843
- President of the Bank of the Metropolis v. President of the New England BankSupreme Court of the United States · 1848
- Locke v. LewisMassachusetts Supreme Judicial Court · 1878
- Sweeny v. EasterSupreme Court of the United States · 1864
- Lawrence v. Stonington BankSupreme Court of Connecticut · 1827
3Cited by26 opinions
- Furber v. DaneMassachusetts Supreme Judicial Court · 1909
- Bowling Green, Inc. v. State Street Bank and Trust CompanyCourt of Appeals for the First Circuit · 1970
- Smith v. Des Moines National BankSupreme Court of Iowa · 1899
- Kimmel v. BeanSupreme Court of Kansas · 1904
- Pizer v. HuntMassachusetts Supreme Judicial Court · 1925
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