Moreau v. Moreau
| Decision Date | 21 October 1924 |
| Citation | 145 N.E. 43,250 Mass. 110 |
| Parties | MOREAU v. MOREAU. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Superior Court, Hampden County; William A. Burns, Judge.
Suit in equity by Rose Moreau against Samuel Moreau to recover certain sums of money. From a final decree sustaining demurrer to amended bill, plaintiff appeals. Reversed and decree entered.
Richard J. Talbot, of Springfield, for appellant.
Ball & Lavigne, of Springfield, for appellee.
This is a suit in equity whereby the plaintiff seeks to recover certain sums of money from her husband. The case is before us on an appeal from a final decree sustaining a demurrer to the amended bill.
The third and fourth paragraphs allege in substance that in the year 1899 the plaintiff opened an account and deposited funds in the Holyoke Savings Bank, and afterwards deposited other funds therein; that the money so deposited was her property; that the account was in the name of Rose Moreau with the further notation, ‘Pay to Samuel Moreau’; that the notation or direction was placed on the account for the purpose of enabling the defendant to withdraw the same in the event that he survived the plaintiff; that the bank book remained in her possession and under her sole control until obtained by the defendant in the manner hereinafter described.
The bill further alleges in substance that on or about November 9, 1909, the plaintiff opened a savings account with her own funds in the Industrial Trust Company, located at Warren, R. I., and that afterwards she made other deposits therein; that all such deposits were earned by her, having been saved from household allowances or accumulated by the taking of roomers or boarders; that this account was in the name of ‘Rose Moreau or Sam Moreau and payable to either or the survivor of either’; that the deposit was so made for the convenience of the plaintiff's husband in the even he survived her, and that for her protection the bank book was retained by her until taken by the defendant.
The bill further alleges in substance that on or about January 29, 1917, the defendant opened an account in the Springfield Institution for Savings in the name of ‘Samuel Moreau, subject to withdrawal in whole or in part by either or the survivor of either Samuel or Rose Moreau’; that the funds therein were all deposited by the defendant but that he informed the plaintiff he would not withdraw the same without her consent, and gave her the bank book, which was retained by her until taken by him as hereinafter described.
It is alleged that the bank books representing these deposits were at all times in the possession of the plaintiff and were secreted by her in her house until, during her absence, the defendant, ‘by fraud, and with the fraudulent intention of withdrawing said funds, and depriving her of her rights therein, secured possession of said bank books, during February and March of 1921, and withdrew said funds, bringing all of said funds to Springfield; that, having obtained...
To continue reading
Request your trial
-
Blanchette v. Blanchette
...allegations or findings that there was no donative intent. Bradford v. Eastman, 229 Mass. 499, 501, 118 N.E. 879; Moreau v. Moreau, 250 Mass. 110, 113, 145 N.E. 43; R. H. White Co. v. Lees, 267 Mass. 112, 115, 166 N.E. 705; Bedirian v. Zorian, 287 Mass. 191, 196, 191 N.E. 448; Gibbons v. Gi......
-
Blumenthal v. Blumenthal
...property.’ That statement in its identical form or in substantially similar language has since been repeated. Moreau v. Moreau, 250 Mass. 110, 113, 145 N.E. 43;Drucker v. Drucker, 268 Mass. 334, 338, 167 N.E. 638;Giles v. Giles, 279 Mass. 284, 286, 181 N.E. 176;Taylor v. Ashe, 284 Mass. 182......
-
Gibbons v. Gibbons
... ... It can be ... maintained notwithstanding the existence between the parties ... of the relationship of husband and wife. Moreau v ... Moreau, 250 Mass. 110, 145 N.E. 43; Drucker v ... Drucker, 268 Mass. 334, 338, 167 N.E. 638; Weidman ... v. Weidman, 274 Mass. 118, 122, ... ...
-
Berry v. Kyes
...from Bradford v. Eastman, 229 Mass. 499 , Battles v. Millbury Savings Bank, 250 Mass. 180 , Lukey v. Parks, 279 Mass. 244 , Moreau v. Moreau, 250 Mass. 110 , Eddy Eddy, 281 Mass. 156 , and Greeley v. O'Connor, 294 Mass. 527 . The various joint transactions in which the husband and wife part......