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Contracts Keyed to Fuller
Commonwealth v. Scituate Savings Bank
Citation:
137 Mass. 301 (1884)Facts
Eliza Jenkins had been a depositor at Scituate Savings Bank but had assigned her account and delivered her bank book to Craig, who notified the bank of his title. Subsequently, the bank was summoned as trustee in a lawsuit against Jenkins and was defaulted. Charles G. Davis, as attorney for the plaintiff in that suit, took the execution issued after judgment and made demand upon the bank treasurer within thirty days. The treasurer issued a deposit book to Davis as trustee for the amount of Jenkins’s deposit. Davis then endorsed payment of that amount on the execution and returned it as partially satisfied. When Davis later attempted to claim the funds as a creditor of the bank, the bank (now in receivership) refused to recognize his claim.
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