Brinser v. Fidelity Trust Co.

Citations

• 24 Del. 220
• 1 Boyce 220
• 75 A. 792
• 1910 Del. LEXIS 23

Syllabus

<p>Money Delivered to Another for a Specific Purpose—Purpose Abandoned—Right to Recover Back—Evidence— Receipt—Explanation.</p> <p>1. Where money is deposited with another for a certain purpose which is afterwards abandoned, the person receiving it cannot retain it, and an action of assumpsit will lie by the owner against the holder for its recovery.</p> <p>2. If a person deposit money with a trust company for a purpose afterwards abandoned; and it belonged to the depositor individually and not to another company, he may recover it in an action of assumpsit.</p> <p>3. If money is delivered by a person to an officer of a trust company for deposit therein for a specific purpose, afterwards abandoned, and the officer receiving the money receipts for it in the name of the trust company as “on account of first note” of a certain other company, he may explain his receipt and show that the money was given to him as treasurer of the latter company.</p>