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142 Mass. 6

Brooks v. Bigelow

Massachusetts Supreme Judicial Court · decided 1886-05-08

Contract, by the receiver of the Clairmont Savings Bank of ¡New York, against the maker of two checks on the Blackstone ¡National Bank of Boston, for $144.33 and $123.42, dated September 13 and 14,1877, respectively, and payable to the order of C. S. Durling.

Good law ✅— No negative treatment on recordhow we know

Decided 1886-05-08

How this case has been cited

Cited by 12 later decisions — most recently June 1958

1 federal appellate · 2 district · 7 state decisions

4018861890190019101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Field, J.

¶1The law of the State of New York was a fact, and the evidence introduced of what that law was, in connection with the other evidence, warranted the court in finding that, by that law, the bank was not merely the agent of Durling in collecting the checks, but became the owner of them, with the right of charging them back to Durling in his account if they were not paid by the bank on which they were drawn. On such a finding, the rulings of law were correct. There is nothing in the statutes of New York which were put in evidence that affects the rights of the plaintiff against the defendants.

¶2Exceptions overruled.

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