O'Connell v. Holbrook

Under the name and style of the Bank of Hubbardston defendants Holbrook, Cummins and Cowman, as copartners, conducted the business of a private bank for many years.

Plaintiff was indebted to the bank copartnership. In February, 1933, upon proclamation by the governor, the bank, along with all the banks in the State, closed and it never reopened. One James Fitzpatrick held certificates of deposit, issued to him by the bank and, after the bank closed, he sold plaintiff a sufficient amount thereof to equal plaintiff’s indebtedness to the bank. Plaintiff tendered the certificates in discharge of…