Day v. Old Colony Trust Co.
Massachusetts Supreme Judicial Court
Contract to recover $18,254.84 alleged to have been had and received by the defendant to the plaintiff’s use, being the amount of a deposit alleged to have been held by the defendant for and subject to the order of the plaintiff and to have been paid by the defendant without the consent of the plaintiff to the executor of the will of Arma W. Meeker.
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Contract to recover $18,254.84 alleged to have been had and received by the defendant to the plaintiff’s use, being the amount of a deposit alleged to have been held by the defendant for and subject to the order of the plaintiff and to have been paid by the defendant without the consent of the plaintiff to the executor of the will of Arma W. Meeker. Writ dated June 3, 1915. The second paragraph of the defendant’s answer was as follows: “2. And further answering the defendant says that on April 23, 1906, Mary E. Allen, attorney for Anna W." Meeker, a resident of Newton in the county o'f…
1Opinion of the CourtCarroll, J.
When the plaintiff was appointed conservator of Anna W. Meeker, she (Meeker) had a checking account, so called, with the defendant. Subsequently deposits were made by the plaintiff as such conservator to the credit of the account. There was evidence that before the death of the ward, June 30, 1913, and at the time of her death, the account stood on the defendant’s books, "Frederick K. Day, Conservator for Anna W. Meeker.” The executor of the will of Arma W. Meeker filed with the defendant a copy of his appointment and the defendant paid him, without the knowledge or consent of the plaintiff,…
2Cases cited27 opinions
- Rollins v. MarshMassachusetts Supreme Judicial Court · 1880
- Green v. GaskillMassachusetts Supreme Judicial Court · 1900
- Lombard v. MorseMassachusetts Supreme Judicial Court · 1891
- Tarbell v. JewettMassachusetts Supreme Judicial Court · 1880
- Boone v. Citizens' Savings BankNew York Court of Appeals · 1881
22 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Coolidge v. BrownMassachusetts Supreme Judicial Court · 1934
- Brackett v. FullerMassachusetts Supreme Judicial Court · 1932
- North Adams National Bank v. CurtissMassachusetts Supreme Judicial Court · 1932
- Minnehan v. MinnehanMassachusetts Supreme Judicial Court · 1958
- Johnson v. NourseMassachusetts Supreme Judicial Court · 1927
11 more not listed; retrieve them via the Exa API.