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Commonwealth v. Scituate Savings Bank

137 Mass. 301 (1884)

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Commonwealth v. Scituate Savings Bank

Massachusetts Supreme Judicial Court
137 Mass. 301 (1884)

MJ

Facts

Eliza Jenkins deposited money with the Scituate Savings Bank (the bank) (defendant). Jenkins assigned the deposited money to Craig, who provided notice to the bank. Jenkins then lost a lawsuit, and the attorney for the plaintiff (the attorney) (plaintiff) in that lawsuit contacted the bank. The attorney secured a deposit book from the bank in the amount that Jenkins had assigned to Craig. The bank paid out part of that deposit-book amount to the attorney. The attorney then sought to compel payment on the rest of the deposit amount from the bank by filing a petition with a court. The attorney argued that because the bank paid part of the amount, there was a binding contractual promise to pay the entire amount. The trial court dismissed the petition and reported the case for an appeal.

Rule of Law

Issue

Holding and Reasoning (Holmes, J.)

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