(Download) "Dietrick v. Hayward Et Al." by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free
eBook details
- Title: Dietrick v. Hayward Et Al.
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 29, 1939
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
DOLAN, Justice. This is a bill in equity, brought under the provisions of G.L.(Ter.Ed.) c. 197, § 10, in which the plaintiff seeks to obtain judgment against the estate of Nellie A. Gallagher, late of Boston, deceased. The case came on to be heard upon the demurrer of the defendants by a single Justice of this court, who, without making any decision thereon, reserved and reported the case for the full court. Material allegations of the bill are as follows: The plaintiff is the receiver of the Federal National Bank of Boston. At the time of her death the deceased was the owner of nineteen and seventeen twentieths shares of the bank, each share having a par value of $20. The residence of the deceased on the records of the bank is set forth as 'Hotel Vendome, Boston.' On or about May 9, 1932, the comptroller of the currency made an assessment upon the shareholders of the bank 'ordering and directing them to pay the same on or before the 16th day of June, 1932, each in the amount of the par value of the stock of the bank held by him.' On or about May 9, 1932, the receiver duly wrote, addressed and mailed by registered mail a letter to Nellie A. Gallagher, Hotel Vendome, Boston, Massachusetts, containing due notice of the assessment upon said nineteen and seventeen twentieths shares. No other means of notifying the deceased was known to the receiver. The notice thus sent was returned by the post office department to the receiver on June 2, 1932, with the notation that the addressee was unknown at the place of address. Similar notices were sent to the deceased at the same address on July 29, 1932, and on October 21, 1932, but each was returned. The deceased lived in an apartment occupied by her at 65 Mount Vernon Street, in Boston, from 1923 until her death in February, 1938. At some time prior to 1923 she had lived at the Hotel Vendome.