Railroad National Bank v. City of Lowell
Massachusetts Supreme Judicial Court
Contract to recover $3397 as money bad and received to the plaintiffs’ use. The case was submitted to the judgment of this court on the following statement of facts : In 1864 Thomas G. Gerrish was chosen treasurer of the defendants, held the office by successive annual elections, and discharged the duties thereof until after March 10, 1869. During all this time he, as treasurer, had an account with the plaintiffs and with no other bank, under an arrangement between the…
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Contract to recover $3397 as money bad and received to the plaintiffs’ use. The case was submitted to the judgment of this court on the following statement of facts : In 1864 Thomas G. Gerrish was chosen treasurer of the defendants, held the office by successive annual elections, and discharged the duties thereof until after March 10, 1869. During all this time he, as treasurer, had an account with the plaintiffs and with no other bank, under an arrangement between the parties that the accounts of the defendants should be kept there. In each of the years 1865, 1866, 1867 and 1868, the city…
1Opinion of the CourtWells, J.
That the city is not liable for the money as a loan, because it was advanced to its treasurer or paid upon his checks, is fully settled by the decisions in Lowell Five Cents Savings Bank v. Winchester, 8 Allen, 109; Benoit v. Conway, 10 Allen, 528; and Dickinson v. Conway, 12 Allen, 487.
It was also decided in Kelley v. Lindsey, 7 Gray, 287, that money advanced on account of the defendant to one in his employ, but who had no authority to borrow money for him, created no debt against the defendant, although advanced for the purpose of being expended in his business and to pay his debts, and…
2Cited by20 opinions
- Union School Township v. National BankIndiana Supreme Court · 1885
- Newell v. HadleyMassachusetts Supreme Judicial Court · 1910
- City of Lowell v. Massachusetts Bonding & InsuranceMassachusetts Supreme Judicial Court · 1943
- Bloomfield v. Charter Oak BankSupreme Court of the United States · 1887
- Brown v. City of NewburyportMassachusetts Supreme Judicial Court · 1911
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