DRAIN v. BROOKLINE SAVINGS BANK


327 Mass. 435 (1951)

99 N.E.2d 160

HELEN D. DRAIN, special administratrix, vs. BROOKLINE SAVINGS BANK & another.

Supreme Judicial Court of Massachusetts, Norfolk.

May 21, 1951.


Attorney(s) appearing for the Case

G.R. Walters, for the plaintiff.

H.E. Kiley, for the defendant Carney.

Present: QUA, C.J., LUMMUS, WILKINS, & COUNIHAN, JJ.


COUNIHAN, J.

This is an action of contract by writ dated April 30, 1948, brought in a District Court by Mary A. Sullivan, an insane person, against the Brookline Savings Bank to recover the amount of a "joint and survivor account" in the bank, standing in the names of Mary A. Sullivan and Daniel F. Carney. The bank interpleaded and Carney was made a party defendant. G.L. (Ter. Ed.) c. 168, § 36. After trial, on January 19, 1949, the judge found for the bank and...

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