In  the  Supreme  Judicial  Court  op  Massachusetts,  March,  1869.
[Reported  in  101  Massachusetts  BeportSf  281.1

Contract  to  recover  the  amount  of  a  check  drawn  on  the  plaintiffs  by
John  R.  Williams,  payable  to  the  order  of  Hubbard  Brothers,  and  by  them
indorsed  and  deposited  with  the  defendants.  At  the  trial  in  the  Superior
Court,  before  Ames,  C.  J.,  the  material  facts  appeared  as  follows  :  —

The  plaintiff  and  defendant  banks  were  members  of  the  Boston  Clearing
House  Association,  which  was  formed  by  banks  in  Boston  *•  for  the  purpose,"
as  expressed  in  the  preamble  of  their  articles  of  association,  "  of  effecting  a
more  perfect  and  satisfactory  settlement  of  the  daily  balances  between
them."     In  the  second  section  of  the  articles  signed  by  the  banks  consti-

i  Pollard  V.  The  Bank  of  England,  L.  R.  6  Q.  6.  623,  accord,  —Ed.
