Cooney v. Ryter
Supreme Court of Louisiana
APPEAL from the Civil District Court, Parish of Orleans. King, J. A gratuitous donation is never presumed; the presumption of law is against any such donation. The donor must reserve enough from his possession for a subsistence, and unless he does so, any donation made by him is a nullity. C. C. 1497; 11 Rob. 302. Plaintiff claiming on a loan can not recover by proving a deposit. 10 R. 92, Bouehé vs. Michell.
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APPEAL from the Civil District Court, Parish of Orleans. King, J. A gratuitous donation is never presumed; the presumption of law is against any such donation. The donor must reserve enough from his possession for a subsistence, and unless he does so, any donation made by him is a nullity. C. C. 1497; 11 Rob. 302. Plaintiff claiming on a loan can not recover by proving a deposit. 10 R. 92, Bouehé vs. Michell. The manual gift, that is the giving of corporeal movable effects, accompanied by real delivery, is not subject to any formality. O. O. 1539. Money or a cheek may be the subject of a…
1Opinion of the Court
The opinion of the court was delivered by
Watkins, J.
This suit has for object the recovery of two thousand five hundred dollars on deposit in the Whitney National Bank.
It appears that this sum of money was deposited by plaintiff for the account and in the name of his sister, Mrs. Ryter, the defendant, on or about the 29th of June, 1893, his contention being that this deposit was for safe-keeping, merely, during his temporary absence on a visit to California; while that of the defendant, Mrs. Ryter, is that it was an absolute donation to her; or, to employ the language of the plaintiff’s…
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- Bunol v. BunolSupreme Court of Louisiana · 1929