Bennett v. Ives
Supreme Court of Connecticut
Assumpsit against the defendant as executor of Henry Wolf, deceased. Wolf died intestate, leaving a small sum of money on deposit in a savings bank, of which the defendant was treasurer. After his death his brother brought his bank book to the bank and left it. The by-laws of the bank provided that “ all payments made to the person producing the depositor’s book should be valid and effectual.”
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Assumpsit against the defendant as executor of Henry Wolf, deceased. Wolf died intestate, leaving a small sum of money on deposit in a savings bank, of which the defendant was treasurer. After his death his brother brought his bank book to the bank and left it. The by-laws of the bank provided that “ all payments made to the person producing the depositor’s book should be valid and effectual.” The duty of the treasurer was “ to receive and pay out all moneys belonging to the corporation.” The plaintiff was a physician and attended the deceased in his last illness. After his death the pk^iff…
1Opinion of the CourtSanford, J.
In the case of Bacon v. Parker, 12 Conn., 212, the doctrine of the common law in regard to the liability of an individual who, without being appointed executor or taking letters of administration, intermeddles with the estate of a deceased person, was distinctly recognized as applicable and operative here, so far as it is not inconsistent with the general principles and policy of our law regarding the settlement of estates. In that case Church, J., in giving the opinion of the court, says:—“ There are many acts of a stranger which will constitute him an executor de son tort, such as taking…
2Cases cited1 opinion
- Bacon v. ParkerSupreme Court of Connecticut · 1837
3Cited by19 opinions
- Scribner v. O'Brien, Inc.Supreme Court of Connecticut · 1975
- Gerald Bourget, and Security Insurance Company of Hartford, Inc., Intervening v. Government Employees Insurance CompanyCourt of Appeals for the Second Circuit · 1972
- Davis v. WeedSupreme Court of Connecticut · 1877
- Craig v. WagnerSupreme Court of Connecticut · 1914
- Slate v. HenkleOregon Supreme Court · 1904
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