Foster v. President of the Essex Bank
Massachusetts Supreme Judicial Court
This action, which was assumpsit for 50,000 dollars had and received by the defendants, to the use of Israel Foster, the plaintiffs’ testator,† was tried upon the general issue, April term, 1820, at Ipswich, and a special verdict was returned by the jury to the following effect:—That the deceased sent to the Essex bank, by his agent, Bond, a chest containing a quantity of gold, specified in the following memorandum, then delivered to said Bond:— “ Minute of gold left at…
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This action, which was assumpsit for 50,000 dollars had and received by the defendants, to the use of Israel Foster, the plaintiffs’ testator,† was tried upon the general issue, April term, 1820, at Ipswich, and a special verdict was returned by the jury to the following effect:—That the deceased sent to the Essex bank, by his agent, Bond, a chest containing a quantity of gold, specified in the following memorandum, then delivered to said Bond:— “ Minute of gold left at Essex bank by Mr. Bond, on account of Capt. Israel Foster, July 8th, 1812. 1 bag Spanish, No.…
1Opinion of the CourtParker, C. J.
This is assumpsit, to recover of the defendants the value of certain gold, deposited by the plaintiffs’ testator in the bank of which the defendants are * the [ * 49? ] proprietors; and the facts, upon which the action is founded, are established by a special verdict, found by the jury who tried the issue.
Those facts are multifarious, and present several important ques tians of law, which have been investigated by the counsel with all the research and ability, which novelty in their application to a subject of so general concern as banks seemed to demand. No case has, however, been produced…
2Cases cited1 opinion
- Mechanics' Bank v. Bank of ColumbiaSupreme Court of the United States · 1820
3Cited by11 opinions
- Weisser v. . DenisonNew York Court of Appeals · 1854
- Evans v. Dyke Automobile Co.Missouri Court of Appeals · 1906
- Miller v. Viola State BankSupreme Court of Kansas · 1926
- Adams v. CostCourt of Appeals of Maryland · 1884
- Muehlebach v. Paso Robles Springs HotelCalifornia Court of Appeal · 1924
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