Townsend v. Webster Five Cents Savings Bank
Massachusetts Supreme Judicial Court
Contract to recover $600, money bad and received by the defendant to the plaintiff’s use. Writ dated February 16,1885. The answer alleged that, in February, 1884, the defendant had in its hands and possession the sum of $542.25, standing in the name of Mary Townsend; that the defendant was summoned as trustee, and the funds were attached, in an action against John Townsend, as funds belonging to him, but standing in the name of Mary Townsend; that the defendant was charged…
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Contract to recover $600, money bad and received by the defendant to the plaintiff’s use. Writ dated February 16,1885. The answer alleged that, in February, 1884, the defendant had in its hands and possession the sum of $542.25, standing in the name of Mary Townsend; that the defendant was summoned as trustee, and the funds were attached, in an action against John Townsend, as funds belonging to him, but standing in the name of Mary Townsend; that the defendant was charged as trustee of John Townsend in said action; that judgment was entered against the defendant as trustee on February 21,…
1Opinion of the CourtHolmes, J.
There was evidence tending to show that the plaintiff went to the bank and asked for the funds standing in her name, and that the treasurer answered that she had no funds in the bank. If this evidence was true, the bank waived its right to the three months’ notice required by its by-laws; for, by denying that the plaintiff was a depositor, the bank repudiated the relation on which its right to notice was founded. See Lowe v. Harwood, 139 Mass. 133, 136. The answer also waives the notice by implication.
The answer admits a deposit in the name of the plaintiff. The plaintiff testified that the…
2Cases cited1 opinion
- Lowe v. HarwoodMassachusetts Supreme Judicial Court · 1885
3Cited by3 opinions
- Valley Bank & Trust Co. v. ParthumArizona Supreme Court · 1936
- Dickinson v. Leominster Savings BankMassachusetts Supreme Judicial Court · 1890
- Ford v. Ames National BankSupreme Court of Iowa · 1923