Overton v. . Sawyer
Supreme Court of North Carolina
Action of Trotee, tried before Manky, J., at the last Fall Term of Camden Superior Court. The following facts were agreed on and submitted for the judgment of the Court: Jesse Eason, the plaintiff’s testator, in his last illness placed in the hands of the defendant a sealed note or bond, for $600, on one Malaehi Sawyer, with a special request that if he died, it was to be divided between said Malaehi and Josiah Eason.
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Action of Trotee, tried before Manky, J., at the last Fall Term of Camden Superior Court. The following facts were agreed on and submitted for the judgment of the Court: Jesse Eason, the plaintiff’s testator, in his last illness placed in the hands of the defendant a sealed note or bond, for $600, on one Malaehi Sawyer, with a special request that if he died, it was to be divided between said Malaehi and Josiah Eason. The said instrument was delivered to the defendant after the donor liad made his will, and at the time of doing so, he menr tioned the fact that he had made his will, and the…
1Opinion of the CourtBattle, J.
We are unable to distingnsh this ease, in principle, from those of Fairly v. McLean, 11 Ire. Rep. 158, and Brickhonse v. Brickhouse, Ibid. 404. The principle is, that if negotiable securities be given, either absolutely or upon condition, by the person to whom they are payable, to another, without endorsement, the executor or administrator of the donor ma}7 recover their value in an action of trover at law. The only ground of distinction between those cases and the present, which has been, or can be suggested, is, that the latter is the case of a donatio ecmsa mortis, in which, it is insist…
2Cited by1 opinion
- Brickhouse v. . BrickhouseSupreme Court of North Carolina · 1850