Randall v. Way
Massachusetts Supreme Judicial Court
Contract by “ George H. Randall, trustee of Henry Randall,” against Samuel A. Way, Francis O. French and E. M. Simmons, to recover $100, the balance of a bank account kept with the defendants, who were bankers.
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Contract by “ George H. Randall, trustee of Henry Randall,” against Samuel A. Way, Francis O. French and E. M. Simmons, to recover $100, the balance of a bank account kept with the defendants, who were bankers. Writ dated December 9, 1869. At the trial at January term 1872, of the Superior Court, before Seudder, J., the plaintiff testified that he made a deposit with the defendants in the name of .“ George H. Randall, trustee ; ” that the accounts were kept in the name of “ George H. Randall, trustee; ” that the money deposited belonged to Henry Randall, and that he so told the defendants at…
1Opinion of the Court
Bv the Court.
The presiding judge having instructed the jury, in accordance with the request of the defendants, that the judgment in the trustee suit was a good discharge to the amount paid by force thereof, added this qualification, “ unless the defendants had notice, before being defaulted in the trustee suit,” that the money deposited with them was the money of Henry Randall. To this qualification the defendants except, and with good ground.
The debt created by the deposit was legally due to George H. Randall, notwithstanding the word “ trustee ” was added to his name. Mere notice that the…
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