State v. Massachusetts Bonding & Insurance

Rodney, J.,

delivering the opinion of the Court:

While the plaintiff has contended that the check for $23,958.52 was not received by it under binding circum*278stances and has brought suit for the full amount of $25,-219.49, yet we think the present controversy should not , include the amount of the check. The check was received by the plaintiff and deposited to a special account entirely in the name of the plaintiff, and as to which account the plaintiff had exclusive control. The identification of the account was purely for the plaintiff’s purposes. We shall therefore consider the suit as merely…