Taft v. Quinsigamond National Bank
Massachusetts Supreme Judicial Court
Contract, to recover the amount of a check. Trial in the Superior Court, without a jury, before QasJcill, J., who found “ that at least after knowledge by the defendant, on- September 8, 1897, that the check in question had not been paid, the defendant treated the same as its property and became a purchaser for value of the same, and by its conduct after such knowledge in other respects, and in balancing the plaintiff’s deposit-book without notice or claim to the plaintiff…
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Contract, to recover the amount of a check. Trial in the Superior Court, without a jury, before QasJcill, J., who found “ that at least after knowledge by the defendant, on- September 8, 1897, that the check in question had not been paid, the defendant treated the same as its property and became a purchaser for value of the same, and by its conduct after such knowledge in other respects, and in balancing the plaintiff’s deposit-book without notice or claim to the plaintiff at or prior to that time, of charging him with the amount thereof, it ratified its action in crediting said amount to…
1Opinion of the CourtBarker, J.
The action is said by the bill of exceptions to be a suit to recover the amount of a check deposited by the plaintiff in the defendant bank, and credited to him upon deposit, and afterwards charged back by the bank. The declaration has two counts, one for refusal to pay the plaintiff’s check drawn upon the defendant, and the other upon an account in which the defendant is debited with the amounts of the plaintiff’s deposits, and with the protest fees on his dishonored check, and is credited with the amount of his checks paid by the defendant, the balance being the amount for which, with…
2Cases cited2 opinions
- Carr v. National Security BankMassachusetts Supreme Judicial Court · 1871
- Winslow v. Everett National BankMassachusetts Supreme Judicial Court · 1898
3Cited by27 opinions
- Worth Co. v. International Sugar Feed No. 2 Co.Supreme Court of North Carolina · 1916
- Security Nat. Bank of Sioux City v. Old Nat. Bank of Battle CreekCourt of Appeals for the Eighth Circuit · 1917
- Vickers v. Machinery Warehouse & Sales Co.Washington Supreme Court · 1920
- In Re Liquidation of Canal Bank & Trust Co.Supreme Court of Louisiana · 1935
- Aebi v. Bank of EvansvilleWisconsin Supreme Court · 1905
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