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PROVIDENT SAVINGS INSTITUTION v. MALONE

No. 151.

221 U.S. 660 (1911)

31 S.Ct. 661

55 L.Ed. 899

PROVIDENT INSTITUTION FOR SAVINGS v. MALONE, ATTORNEY GENERAL OF THE COMMONWEALTH OF MASSACHUSETTS.

Supreme Court of United States.

Decided May 29, 1911.

Attorney(s) appearing for the Case

Mr. John C. Gray, with whom Mr. William Ropes Trask and Mr. Roland Gray were on the brief, for plaintiff in error.

Mr. Dana Malone, with whom Mr. Fred. T. Field was on the brief, for defendant in error.

MR. JUSTICE LAMAR, after making the foregoing statement, delivered the opinion of the court.

The Massachusetts statute as to abandoned funds in savings banks only applies where the owner cannot be found. In the nature of the case, therefore, no depositor could except to the judgment of the Probate Court which directed the money to be turned over to the treasurer; and, it is claimed that as the Bank does not represent the depositors, it cannot be heard to raise the...

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