Otis v. Otis
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on July 30,1892, originally against Samuel F. Otis and the Springfield Safe Deposit and Trust Company, to recover a fund of $10,000 deposited by Otis with the defendant corporation, and alleged to belong to the plaintiff. An injunction against the withdrawal or transfer of the fund was issued on the bill.
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Bill in equity, filed in the Superior Court on July 30,1892, originally against Samuel F. Otis and the Springfield Safe Deposit and Trust Company, to recover a fund of $10,000 deposited by Otis with the defendant corporation, and alleged to belong to the plaintiff. An injunction against the withdrawal or transfer of the fund was issued on the bill. The bill was amended on April 26, 1895, by joining Ellen Fassaur, Dora Collins, Etta Fisher, and Rosella D. Denney, as parties defendant. The case was referred to a master, who made his report, to which exceptions were taken by the plaintiff.…
1Opinion of the CourtHolmes, J.
The master finds that the fund in question belonged to the plaintiff, that it was received by the defendant Samuel F. Otis as a gift from the plaintiff’s husband, who received it as her agent or trustee, and that it was distributed by Samuel F. Otis among bis four daughters, the other defendants, also as a gift. These findings were not excepted to and are not discussed in the 'defendants’ argument, and therefore we assume them to be correct, as we see no reason to doubt that they are. They are sufficient to establish the plaintiff’s right to recover, without regard to her exceptions or to the…
2Cases cited4 opinions
- Atlantic Cotton Mills v. Indian Orchard MillsMassachusetts Supreme Judicial Court · 1888
- Duncan v. JaudonSupreme Court of the United States · 1873
- Loring v. BrodieMassachusetts Supreme Judicial Court · 1883
- Swift v. WilliamsCourt of Appeals of Maryland · 1888
3Cited by21 opinions
- Demoulas v. Demoulas Super Markets, Inc.Massachusetts Supreme Judicial Court · 1997
- Berry v. KyesMassachusetts Supreme Judicial Court · 1939
- Jones v. JonesMassachusetts Supreme Judicial Court · 1937
- Atkins v. AtkinsMassachusetts Supreme Judicial Court · 1907
- Andrews v. Tuttle-Smith Co.Massachusetts Supreme Judicial Court · 1906
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