Tay v. Concord Savings Bank

Supreme Court of New Hampshire

Tay v. Concord Savings Bank

60 N.H. 277

DecidedDecember 5, 1880

StatusPublished

This text of 60 N.H. 277 (Tay v. Concord Savings Bank) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tay v. Concord Savings Bank, 60 N.H. 277 (N.H. 1880).

Pincite

Opinion

Allen, J.

There was no diversion of the trust fund. The main purpose of the enterprise being to finish a hall for public entertainments at East Concord, and a convenient public hall having been provided for the purpose, the fund has been appropriated as originally intended. The disposition of the fund was given to the executive committee, and the appropriation of the fund by that committee, acting with unanimity, as fairly appears, was sufficient authority to warrant payment by the bank, and the payment was a discharge. The action, on the facts stated, cannot be maintained.

Judgment for the defendants.

Foster, J„ did not sit: the others concurred.

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Allen, J.

There was no diversion of the trust fund. The main purpose of the enterprise being to finish a hall for public entertainments at East Concord, and a convenient public hall having been provided for the purpose, the fund has been appropriated as originally intended. The disposition of the fund was given to the executive committee, and the appropriation of the fund by that committee, acting with unanimity, as fairly appears, was sufficient authority to warrant payment by the bank, and the payment was a discharge. The action, on the facts stated, cannot be maintained.

Judgment for the defendants.

Foster, J„ did not sit: the others concurred.

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Bluebook (online)

60 N.H. 277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tay-v-concord-savings-bank-nh-1880.