Heath v. New Bedford Safe Deposit & Trust Co.
Massachusetts Supreme Judicial Court
Contract for refusal to honor the plaintiff’s check for the sum of $190 alleged to have been deposited in the defendant trust company, with a count for money had and received. Writ dated May 21, 1901. At the trial in the Superior, Court before Pierce, J., it appeared, that in 1901 the plaintiff was a stockbroker, doing business in Boston and elsewhere under the name of Heath and Company.
Read the full summary
Contract for refusal to honor the plaintiff’s check for the sum of $190 alleged to have been deposited in the defendant trust company, with a count for money had and received. Writ dated May 21, 1901. At the trial in the Superior, Court before Pierce, J., it appeared, that in 1901 the plaintiff was a stockbroker, doing business in Boston and elsewhere under the name of Heath and Company. On May 10, 1901, one Macomber was indebted to the plaintiff in the sum of $190 as a result of certain stock transactions conducted on behalf of the plaintiff by Macomber with certain persons in New Bedford…
1Opinion of the CourtBralet, J.
The contention of the defendant that the money was received from Macomber, on the condition that he was to obtain the plaintiff’s signature on the card furnished him, and return it to the company, and because he failed to comply with this request the money was not accepted, and it was returned to him, becomes untenable. At the time the money was handed to the cashier of the defendant he was informed that the deposit was to be made for the benefit of the plaintiff, and he was requested to send a telegram to him that it had been made and placed to his credit. A telegram was sent accordingly…
2Cases cited1 opinion
- Carr v. National Security BankMassachusetts Supreme Judicial Court · 1871
3Cited by12 opinions
- Allen v. Puritan Trust Co.Massachusetts Supreme Judicial Court · 1912
- Reed v. Mattapan Deposit & Trust Co.Massachusetts Supreme Judicial Court · 1908
- Metropolitan Life Ins. Co. v. BramlettSupreme Court of Alabama · 1932
- Kaesemeyer v. SmithIdaho Supreme Court · 1912
- Robinson v. WileyMassachusetts Supreme Judicial Court · 1905
7 more not listed; retrieve them via the Exa API.