Strauss v. Ayers
Missouri Court of Appeals
Appeal from the Greene Circuit Court. — Hon. W. D. Hubbard, Judge. The gift of three hundred dollars to Kinney by Ayers was complete, he receiving possession of the money at time of gift. 1 Pars. Con. [ 6 Ed.] 234; Spencer & Husband v. Vance, 57 Mo. 427; Dcering v. Kenavan, 86 Mo. 588 ; Vogel v. Oast, 20 Mo. App. 104. The gift once made is irrevocable by the donor. 1 Pars.
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Appeal from the Greene Circuit Court. — Hon. W. D. Hubbard, Judge. The gift of three hundred dollars to Kinney by Ayers was complete, he receiving possession of the money at time of gift. 1 Pars. Con. [ 6 Ed.] 234; Spencer & Husband v. Vance, 57 Mo. 427; Dcering v. Kenavan, 86 Mo. 588 ; Vogel v. Oast, 20 Mo. App. 104. The gift once made is irrevocable by the donor. 1 Pars. Con. [5 Ed.] 235. Ayers having made gift to Kinney of three hundred dollars, could not recover it back from him in an action of debt or indebitatus assumpsit. This being the condition of Ayers, his creditors, Strauss & Co.,…
1Opinion of the CourtRombauer, P. J.
The plaintiff instituted suit by attachment, against the defendant, May 27, 1881, for the recovery of a debt of $281.98, and on the same day caused A. S. Kinney to be summoned on the attachment writ as garnishee. Subsequently, and prior to the trial herein, the plaintiff recovered judgment for the amount claimed against the defendant Ayers.
*251Interrogatories were filed to be answered by the garnishee, and he answered, denying all indebtedness. The plaintiff filed a denial which stated among other things, “that at the time of the service of the garnishment, the garnishee had in his possession or…
2Cases cited4 opinions
- Boatmen's Savings Bank v. OverallMissouri Court of Appeals · 1885
- Hurley v. TaylorSupreme Court of Missouri · 1883
- Lee v. TaborSupreme Court of Missouri · 1843
- Eyerman v. KrieckhausMissouri Court of Appeals · 1879
3Cited by4 opinions
- Scharff v. McGaughSupreme Court of Missouri · 1907
- Brown Shoe Co. v. SacksMissouri Court of Appeals · 1919
- Dunlap v. MitchellMissouri Court of Appeals · 1899
- Maze v. GriffinMissouri Court of Appeals · 1896