[DOWNLOAD] "Mulloy v. Charlestown Five Cents Sav. Bank" by Supreme Judicial Court of Massachusetts * Book PDF Kindle ePub Free

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eBook details

• Title: Mulloy v. Charlestown Five Cents Sav. Bank
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 02, 1934
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

WAIT, Justice. The plaintiff declared in two counts for money had and received, to recover money deposited in the defendant bank by one Mary Kiernan. On the bank's answer in interpleader that the deposits were claimed by a son of Mary Kiernan, administrator of her estate, and that it was a mere stakeholder ready to pay to the person entitled, the court summoned in the administrator as a claimant defendant. The trial Judge found for the plaintiff for the first deposit; and for the administrator for the second. No question arises on the first count. The Appellate Division of the Municipal Court of the City of Boston ordered a report dismissed, and the plaintiff's appeal brings the matter before us. The report set forth the Judge's findings of fact, here material, in substance as follows: On April 5, 1928, Mary Kiernan opened an account with the savings bank in the name of 'Mary Kiernan, trustee for Edward F. Mulloy' and deposited $1,000. Mulloy was her brother. He had expressed dissatisfaction because he had not been told that their deceased sister, Margaret, had been making a will, by which, apparently, Mary had profited and he had not. To assuage him, Mary Kiernan told him she would open a trust account for him in $1,000. In April, 1928, she told him she had done so, and that she intended the deposit in her name as trustee for him to be his when she died. At her request he went to the bank and there signed a paper, a signature card and the by-laws of the bank. Afterwards, she frequently asked him to go to the bank and have the account put in his name; but he always replied, 'it is all right as it is,' and did no more about it. The pass book has always been held at the bank for safe keeping, at Mary Kiernan's direction. Nothing has ever been withdrawn. Interest was added as it accrued. Mulloy, on cross-examination, testified that he had supposed that until she died she might draw on the deposit. There was evidence that Mary Kiernan had said that her sister Meg had stated that she was not satisfied with her will, and had obtained Mary's promise to give the brother $1,000 before she died; and Mary Kiernan had also said: 'I put a thousand dollars in Ed's name in the Charlestown Five Cents Savings Bank after she died.' An official of the bank explained to her about the accounts, when Mary Kiernan made the deposit. The deposit claimed in the first count was made as a joint account of Mary and her brother.

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