Sawyer v. Old Lowell National Bank
Massachusetts Supreme Judicial Court
Contract or tort by the administrator with the will annexed, appointed on March 14, 1910, of the estate of Sarah R. Spalding, late of Lowell, who died on April 6, 1902, against a national bank, the substituted declaration alleging in substance, in three different counts, that the plaintiff’s testatrix, Sarah R. Spalding, during her lifetime deposited or caused to be deposited with the defendant for safe keeping a certain box or tin trunk with her name marked upon it and…
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Contract or tort by the administrator with the will annexed, appointed on March 14, 1910, of the estate of Sarah R. Spalding, late of Lowell, who died on April 6, 1902, against a national bank, the substituted declaration alleging in substance, in three different counts, that the plaintiff’s testatrix, Sarah R. Spalding, during her lifetime deposited or caused to be deposited with the defendant for safe keeping a certain box or tin trunk with her name marked upon it and containing among other things her last will and testament; that the defendant accepted the custody of said box and thereby…
1Opinion of the CourtDe Courcy, J.
Sarah R. Spalding died on shipboard on April 6, 1902, while returning from Jamaica. Shortly thereafter a search was begun for a will which it was known she had at one time executed. One Charles H. Coburn called at the banking rooms of the defendant, where Miss Spalding had hired a safe deposit box and kept a deposit account. He had the key of the safe deposit box, and its contents were examined in his presence, but no will was found therein.
Mr. Coburn was duly appointed administrator of Miss Spalding’s estate on May 27, 1902. He administered the estate, had his final account allowed on May…
2Cases cited7 opinions
- First National Bank v. Fellows Ex Rel. Union Trust Co.Supreme Court of the United States · 1917
- Scollans v. RollinsMassachusetts Supreme Judicial Court · 1901
- Belknap v. National Bank of North AmericaMassachusetts Supreme Judicial Court · 1868
- Dresser v. Traders' National BankMassachusetts Supreme Judicial Court · 1896
- Myers v. Exchange National BankWashington Supreme Court · 1917
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3Cited by12 opinions
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- D. A. Schulte, Inc. v. North Terminal Garage Co.Massachusetts Supreme Judicial Court · 1935
- Stoll v. Almon C. Judd Co.Supreme Court of Connecticut · 1927
- Ampco Auto Parks, Inc. v. WilliamsCourt of Appeals of Texas · 1974
- Young v. First Nat. BankTennessee Supreme Court · 1924
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