Massachusetts Supreme Judicial Court, 1896

Cogswell v. Newburyport Institution for Savings

Cogswell v. Newburyport Institution for Savings
Massachusetts Supreme Judicial Court · Decided April 1, 1896 · Barker
165 Mass. 524; 43 N.E. 296; 1896 Mass. LEXIS 315

Cogswell v. Newburyport Institution for Savings

Opinion of the Court

Barker, J.

1. The evidence as to the statement of the claimant’s husband to Mrs. Ryan about the deposit-book was admissible, as tending to contradict his testimony that he obtained his knowledge of the book by seeing it in the claimant’s possession.

2. The evidence justified a finding that the deposit was made in the names of the deceased and of the claimant for the reason that the deceased had already a deposit of the full amount upon which she could be allowed interest, and that there was no gift to the claimant.

Exceptions overruled.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.