TaiLexi AI U.S. Case Law

Noyes v. Institution for Savings

Amos Noyes & another, executors v. Institution for Savings in Newburyport & another

Noyes v. Inst. for Sav., 42 N.E. 103 (Mass. 1895)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
November 27, 1895
Judges
Knowlton
Citations
42 N.E. 103164 Mass. 5831895 Mass. LEXIS 298
Headnotes
Savings Bank Book— Title to Deposit. If A. deposits in a savings bank a sum of money and keeps in his possession during his life the deposit-book, which is found by his executors among his effects after his decease and the account in which is headed “ A. and B., Newburyport, payable to either or survivor,” and it appears that the book was never in the possession of B. and that he had no knowledge of the deposit until after the death of A., the deposit remains the property of A.
Summary
Contract, to recover a deposit in the defendant bank by the executors of the will of Annie M. Pike. Mary L. Hewett intervened as a claimant of the fund under St. 1894, e. 317, § 33. Trial in this court, before Lathrop, J., who found for the plaintiffs for the balance of the amount of the deposit and accrued interest, and, at the request of the claimant, reported the case for the determination of the full court. If the finding was not warranted, a new trial was to be granted; otherwise, judgment was to be entered for the plaintiffs on the finding. The facts appear in the opinion.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Knowlton

Text extracted by OCR from a scanned original; check the original for exact wording.

Knowlton, J.

The plaintiffs’ testatrix, Annie M. Pike, deposited in the defendant savings bank the money for which this suit is brought, and kept in her possession during her life the deposit-book, which was found by the plaintiffs among, her effects after her death. The account in the book was headed, “ Annie M. Pike and Mary L. Hewetfc, Newburyport, payable to either or survivor.” It appears that the book was never in the possession of the claimant, and that she had no knowledge of the deposit until after the death of the testatrix. Upon these facts, it was rightly held that the deposit remains the property of the original depositor, and that the plaintiffs are entitled to recover. This is settled by a series of decisions in this Com *584 monwealth as well as elsewhere. Brabrook v. Boston Five Cents Savings Bank, 104 Mass. 228 . Ide v. Pierce, 134 Mass. 260 . Sherman v. New Bedford Five Cents Savings Bank, 138 Mass. 581, 582 . Nutt v. Morse, 142 Mass. 1 . Parkman v. Suffolk Savings Bank, 151 Mass. 218 . Booth v. Bristol County Savings Bank, 162 Mass. 455, 457 . Judgment on the finding.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 11 cases

View all citing references →
1898: 11899: 11904: 11906: 21908: 11927: 11929: 11930: 11933: 11944: 118982026peak 1906 · 2

Relies on it most ⓘ

  1. Manning v. United States National Bank148 P.2d 255 (Or. 1944)
  2. Christensen v. Ogden State Bank286 P. 638 (Utah 1930)
  3. McGillivray v. First National Bank217 N.W. 150 (N.D. 1927)
  4. Robinson v. Mutual Savings Bank95 P. 533 (Cal. Ct. App. 1908)
  5. Lipman Oil Co. v. Schwind285 P. 1025 (Or. 1929)
  6. Denigan v. San Francisco Savings Union59 P. 390 (Cal. 1899)

Most recent

  1. Manning v. United States National Bank148 P.2d 255 (Or. 1944)
  2. Buteau v. Lavalle187 N.E. 628 (Mass. 1933)
  3. Christensen v. Ogden State Bank286 P. 638 (Utah 1930)
  4. Lipman Oil Co. v. Schwind285 P. 1025 (Or. 1929)
  5. McGillivray v. First National Bank217 N.W. 150 (N.D. 1927)
  6. Robinson v. Mutual Savings Bank95 P. 533 (Cal. Ct. App. 1908)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 6

DepthCaseCited by
Brabrook v. Boston Five Cents Sav. Bank, 104 Mass. 228 (1870) 57
Sherman v. New Bedford Five Cents Sav. Bank, 138 Mass. 581 (1885) 30
Nutt v. Morse, 6 N.E. 763 (Mass. 1886) 14
Parkman v. Suffolk Sav. Bank, 24 N.E. 43 (Mass. 1890) 14
Ide v. Pierce, 134 Mass. 260 (1883) 12
Booth v. Bristol Cnty. Sav. Bank, 38 N.E. 1120 (Mass. 1894) 10

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list