SMITH v. MERCHANTS NATIONAL BANK


330 Mass. 481 (1953)

115 N.E.2d 143

HILDA A. SMITH vs. THE MERCHANTS NATIONAL BANK OF LEOMINSTER.

Supreme Judicial Court of Massachusetts, Worcester.

November 2, 1953.


Attorney(s) appearing for the Case

Morton C. Jaquith, (George T. Casey with him,) for the plaintiff.

Carl H. Amon, Jr., for the defendant.

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


COUNIHAN, J.

This is an action of contract2 whereby the plaintiff seeks to recover the amount of a check which was paid by the defendant. This check was drawn by John W. Smith, the husband of the plaintiff, on a joint account in the defendant bank, standing in the name of John W. Smith and the plaintiff. The trial judge found for the plaintiff but upon report the Appellate Division reversed the...

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