Seager v. Dauphinee Et Al‪.‬

RUGG, Chief Justice. The plaintiff by this suit in equity seeks relief against several defendants for loss occasioned to him because a certified check taken by him in part payment for conveyance of land was not paid. The material facts were found by the trial Judge in substance as follows: The plaintiff executed a deed of land in Boston to the defendant Dauphinee, who was the nominee of the defendant Greenberg. The agreement for that conveyance called for the payment of $900 in cash and a mortgage for $4,300. The papers in the transaction were passed in the office of Greenberg in Boston at about eleven oclock in the forenoon of Wednesday, December 9, 1931. The plaintiff was not present. The attorney for the plaintiff took from Dauphinee a note and mortgage for $4,300 and from Greenberg a check on the Federal National Bank of Boston for $900 dated December 9, 1931, drawn and procured to be certified before delivery by Greenberg. The plaintiffs attorney lived in Plymounth and the plaintiff in the adjoining town of Kingston. The certified check was mailed to the plaintiff by his attorney on Thursday, December 10, 1931. The plaintiff had no mail delivery service but got his mail by going to the post office, to which he made no regular trips. The plaintiff, on Tuesday, December 15, by messenger, sent the check to the Old Colony National Bank in Plymouth for deposit to his account. The messenger was there informed that the Federal National Bank had suspended business and the check was not forwarded to the latter bank for collection or payment. The federal authorities took charge of the Federal National Bank as of the opening of business on December 15, 1931, its directors having voted to request such action after the close of business on Monday, December 14, 1931. If the check had been presented at the Federal National Bank before the close of business on December 14, it would have been paid.