City of Newburyport v. First National Bank

This is an action * in which the city of Newburyport seeks to charge the defendant bank with the sum of $80,000, paid to it by'the plaintiff city in the two sums of $78,133.55 and $1,866.45, and paid out by it in retiring the void note for $80,000 paid by it on April 13, 1906, as is more fully set forth in Brown v. First National Bank of Boston, ante, 298.

The $80,000 note was paid by the defendant bank pursuant to an oral order given to it by the treasurer of the plaintiff city. The note here in question was in the same form as the note which was held invalid by this court in Brown v.…