Tapper v. Boston Penny Savings Bank

This is an action heard upon a case stated, to recover the amount of a deposit made by the plaintiff *336in the defendant bank. G. L. (Ter. Ed.) c. 231, § 96. Wol-bach v. Commissioner of Corporations & Taxation, 268 Mass. 365, 372. The record recites that the case stated contains all the material ultimate facts on which the rights of the parties are to be determined. There is no occasion for drawing of inferences under G. L. (Ter. Ed.) c. 231, § 126. See Marlborough v. Lynn, 275 Mass. 394, 398. The question is one of law whether on the facts the plaintiff could recover in any form of action. G.…