National Mahaiwe Bank v. Barry
Massachusetts Supreme Judicial Court
Bill in equity, inserted in an original writ of summons and attachment, dated April 21, 1873, against Joseph T. Barry James W. Barry, Jane Barry and Robert Girling.
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Bill in equity, inserted in an original writ of summons and attachment, dated April 21, 1873, against Joseph T. Barry James W. Barry, Jane Barry and Robert Girling. The bill alleged that on or about October 21, 1871, William S. Hine stole over $25,000 of the plaintiff’s money ; that Joseph T. Barry knowingly aided Hine in the theft and received $1700 of the money so stolen; and that James W. Barry and Jane Barry, the parents of Joseph T., fraudulently conspired with him to conceal that amount from the plaintiff by giving $1500 of it in part payment of certain real estate purchased of Girling…
1Opinion of the CourtGray, C. J.
Upon the case stated in the bill, equity will charge the land purchased in the name of Mrs. Barry with a trust in favor of the plaintiff bank for the amount of $1500 of its money, which had been wrongfully obtained by her son and invested in the purchase of that land. Bresnihan v. Sheehan, ante, 11. United States v. State Bank, 96 U. S. 30. The demurrer was therefore rightly overruled.
The decision of the presiding judge at the hearing on the merits is not brought up by appeal under the Gen. Sts. c. 113, §§ 8, TO, but by bill of exceptions under e. 115, § 7. It is not therefore open to…
2Cases cited1 opinion
- United States v. State BankSupreme Court of the United States · 1878
3Cited by19 opinions
- Boston Trading Group, Inc. v. Robert A. Burnazos, Boston Trading Group, Inc. v. Robert A. BurnazosCourt of Appeals for the First Circuit · 1988
- McCusker v. GeigerMassachusetts Supreme Judicial Court · 1907
- Mickelson v. BarnetMassachusetts Supreme Judicial Court · 1984
- Dorr v. Tremort National BankMassachusetts Supreme Judicial Court · 1880
- Edwards v. . CulbersonSupreme Court of North Carolina · 1892
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