Way v. Butterworth
Massachusetts Supreme Judicial Court
Contract on a promissory note “ payable at any bank in Boston,” made .by the defendant George H. Butterworth, and indorsed by the other defendants, Albert F. Butterworth and Willard Manuel.
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Contract on a promissory note “ payable at any bank in Boston,” made .by the defendant George H. Butterworth, and indorsed by the other defendants, Albert F. Butterworth and Willard Manuel. At the trial in the superior court, before Rockwell, J., a notary public testified that he, at the request of the plaintiff, presented the note for payment at a place on State Street in Boston called the “ Bank of the Metropolis,” and demanded payment thereof, which was refused; and that he did not know whether the place was a bank or not, but that the words “ Bank of Metropolis ” were over the entrance.…
1Opinion of the Court
ChápmAít, O. J.
The note declared on was made by its terms “ payable at any bank in Boston.” The word “ bank ” has long had a well defined signification in this Commonwealth, and has been applied to institutions incorporated for banking purposes, but not to offices kept by individuals or copartnerships for the purpose of doing such banking business as such persons have been authorized to do.
The evidence offered by the plaintiff was admissible, and it would have been competent to the jury to find that the place called “ Bank of the Metropolis ” was a bank. But the ruling of the court upon this…
2Cited by17 opinions
- Commonwealth v. McNaryMassachusetts Supreme Judicial Court · 1923
- United States v. FarringtonDistrict Court, N.D. New York · 1881
- State v. BennerSupreme Judicial Court of Maine · 1874
- Giles v. GilesMassachusetts Supreme Judicial Court · 1910
- People v. SingerCourt Of Oyer And Terminer New York · 1886
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