Kaminer v. Kaigler
Supreme Court of South Carolina
Suit by J. A. Kaminer and others against D. E. Kaigler and others. Decree for plaintiffs, reducing the amount of their claims, and they appeal. submits: What was originally. and at the beginning a gratuity cannot afterwards be converted into a debt: 38 S. C. -158; Bail.
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Suit by J. A. Kaminer and others against D. E. Kaigler and others. Decree for plaintiffs, reducing the amount of their claims, and they appeal. submits: What was originally. and at the beginning a gratuity cannot afterwards be converted into a debt: 38 S. C. -158; Bail. Eq. 388. It must be- shown conclusively that the deceased intended to and did assume a legal obligation to the claimant and of such a character that it would be legally enforced against him: 34 S. C. 255; Am. & Eng. Enc. D. 337, and notes; 2 Bay 101; 3 Strob. 321; 2 Bailey 308; 3 Min. 645; 96 N. C. 149; Am. & Eng. Ency. —.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
The issue of law involves the efficacy of payments made by a guardian for his ward. The Circuit Court allowed the payments, and the representatives of the ward have appealed.
The circumstances out of which the controversy was born are these: A young woman named Isolette Kaminer, while yet a minor, married in July, 1912, a young man named L E. Kaigler. She died in August, 1914, not having reached her majority. In January, 1914, Isolette fell heir to $696, and her husband immediately qualified as her guardian, with his mother and brother…
2Cited by3 opinions
- Hartley v. BohrerIdaho Supreme Court · 1932
- Jones v. JonesSupreme Court of South Carolina · 1924
- Brabham v. TurnerSupreme Court of South Carolina · 1921