Booth v. Bristol County Sav. Bank
| Decision Date | 30 November 1894 |
| Parties | BOOTH v. BRISTOL COUNTY SAV. BANK et al. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
On trial of this action, the savings bank book standing in the name of Joseph Booth was introduced in evidence, which showed various sums deposited and withdrawn from 1886 to 1894, by the plaintiff. The plaintiff testified that the defendant claimant, John Booth, his father, gave him all money so deposited as a present, and that the book had always been kept in a place known only to plaintiff and claimant. This the defendant claimant denied; said that he himself had always had possession of the book from the time of its issuance; that he had never given any of said money to the plaintiff; that it was deposited in the plaintiff's name because the defendant claimant was nervous and a poor writer, and for the sake of convenience and that the plaintiff was, in the matter, acting as the defendant claimant's agent. The defendant claimant called several witnesses whose testimony tended in some particulars to corroborate his claim. It was admitted that all the money so deposited was originally the money of the defendant claimant. There was no evidence that the defendant claimant ever gave the book to the plaintiff, except when the claimant ordered the plaintiff to make withdrawals or deposits. A bank clerk testified that the bank never saw, and did not know the claimant in the matter. The claimant had another deposit and book in the same bank, commencing subsequently to the first deposit on this book, when that deposit had reached over $1,000.
Fred V. Fuller, for plaintiff.
Bennett & Hall, for defendant John Booth.
William H. Fox, for defendant Bristol County Sav. Bank.
The first instruction requested in this case was rightly refused. The exceptions expressly state that "there was no evidence that the claimant ever gave the book to the plaintiff, except when the claimant ordered the plaintiff to make withdrawals or deposits." The second request for a ruling was also rightly refused. The plaintiff contends that where A. deposits money in a savings bank in the name of B and takes out a book in the name of B., this is an executed gift to B., and the money belongs to him. For this position he cites Sweeney v. Bank, 116 Mass. 384. It was there held that where a man deposits money in a savings bank in the name of his wife, and has the bank book made in her name and delivered to her, he cannot maintain an action against the bank for its refusal to pay the money to him. This was so decided on the ground that there was no contract between the bank and the plaintiff to pay the money to him. In this case there was no evidence that the money was deposited by the wife as the...
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Welch v. Henshaw
...incomplete. Keniston v. Mayhew, 169 Mass. 166, 47 N.E. 612;Noyes v. Institution for Savings, 164 Mass. 583, 42 N.E. 103;Booth v. Bank, 162 Mass. 455, 38 N.E. 1120;Barnes v. Barnes, 161 Mass. 381, 37 N.E. 379;Parrott v. Avery, 159 Mass. 594, 35 N.E. 94;Parkman v. Bank, 151 Mass. 218, 24 N.E.......
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Holyoke Nat. Bank v. Bailey
...is not conclusive upon the question of title to the fund. Eastman v. Woronoco Savings Bank, 136 Mass. 208;Booth v. Bristol County Savings Bank, 162 Mass. 455, 457, 38 N. E. 1120;Scrivens v. North Easton Savings Bank, 166 Mass. 255, 259, 44 N. E. 251;McKenna v. McKenna, 260 Mass. 481, 484, 1......
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Robertson v. Parker
...book designates the depositor as trustee for another conclusive evidence of the existence of the trust.’ Booth v. Bristol County Savings Bank, 162 Mass. 455, 457, 38 N. E. 1120, 1121;Mulloy v. Charlestown Five Cents Savings Bank, 285 Mass. 101, 188 N. E. 608. The evidence is not sufficient ......
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Welch v. Henshaw
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