President of the Union Bank v. President of the Bank of the United States
Massachusetts Supreme Judicial Court
This was an action for money had and received, which the parties submitted to the opinion of the Court, upon the following facts.
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This was an action for money had and received, which the parties submitted to the opinion of the Court, upon the following facts. It has been the custom of the Branch of the United States Bank in Boston, to receive payment for checks on other banks in Boston, in the following manner:—There are two correct lists of each kind of checks made out, one of which remains in the Branch Bank, and the other is carried with the checks to the other banks by the messenger of the Branch Bank; in return for which he receives of the tellers of the several banks checks on the Branch Bank, sufficient for…
1Opinion of the Court
The opinion of the Court was delivered by
Parsons, C. J.
It appears from the case that on the 5th day of August, 1805, the Union Bank, being indebted to the Branch Bank paid their debt to the messenger of the Branch Bank, who had sen him to the Union Bank to receive it. On the return of the messenger to the Branch Bank with the payment he had received, the officers of that bank supposing, by mistake, that the two checks drawn by Rawson were received in payment from the Union Bank, and those checks being bad, they sent them to the Union Bank, who, crediting the affirmation of the Branch Bank,…
2Cited by9 opinions
- Stuart v. SearsMassachusetts Supreme Judicial Court · 1875
- Chapple v. Merchants National BankMassachusetts Supreme Judicial Court · 1933
- Houston v. FrazierSupreme Court of Alabama · 1845
- Knox v. AbercrombieSupreme Court of Alabama · 1847
- Claflin v. GodfreyMassachusetts Supreme Judicial Court · 1838
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