Northampton National Bank v. Smith
Massachusetts Supreme Judicial Court
Contract, for money had and received by the defendant to the plaintiff’s use. The. case was submitted to the Superior Court, and, after judgment for the defendant by Maynard, J., to this court, on appeal, upon agreed facts, in substance as follows. The check in question was given by one Hebert, on March 28, 1896, and was dated the same day. Notice was given by Hebert through an agent to the plaintiff bank on March 30,1896, before nine a. m., not to pay the check.
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Contract, for money had and received by the defendant to the plaintiff’s use. The. case was submitted to the Superior Court, and, after judgment for the defendant by Maynard, J., to this court, on appeal, upon agreed facts, in substance as follows. The check in question was given by one Hebert, on March 28, 1896, and was dated the same day. Notice was given by Hebert through an agent to the plaintiff bank on March 30,1896, before nine a. m., not to pay the check. On March 30, upon the opening of the bank the check was presented for payment by one Orcutt, and payment was refused. Nothing…
1Opinion of the CourtAllen, J.
This action is brought to recover money paid by mistake by the plaintiff to the defendant, upon a check which the plaintiff had been instructed by the drawer not to pay. The statement of facts is imperfect, but it is said in the plaintiff’s brief that the check was drawn upon the plaintiff by one Hebert in favor of the defendant, and given by him to the defendant. There is no suggestion that it was so given as a gratuity or merely for the defendant’s accommodation, and we assume that it was not so given. Payment had once been demanded and refused, but on a second presentation of the check…
2Cases cited9 opinions
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- Merchants' National Bank v. National Eagle BankMassachusetts Supreme Judicial Court · 1869
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