Selleck v. Selleck
Illinois Supreme Court
Writ of Error to the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Will county; the Hon. Francis Goodspeed, Judge, presiding.
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Writ of Error to the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Will county; the Hon. Francis Goodspeed, Judge, presiding. On December 23, 1869, Mrs. Eliza Wood, then a resident of Illinois, while in Connecticut, on a visit to her brother, the plaintiff in error, delivered to him three bonds of Cook county, Illinois, for $1000 each, and took from him a writing, as follows: “Bridgeport, December 23, 1869. “Received of Mrs. Eliza N. Wood, three ($3000) thousand dollars in Cook county bonds, the interest to be used by me while in my…
1Opinion of the CourtJustice Dickey
It is exceedingly clear that when the bonds were first delivered it was not as an absolute gift. The express promise, made in writing by plaintiff in error, to deliver the bonds to Mrs. Wood “whenever called for, ” is a written contract, the terms and conditions of which can not be lawfully varied or modified by parol proof, and that undertaking is entirely incompatible with the idea of an absolute gift. It may be that it was then her intention and expectation that the bonds never should be called for by her, but it is equally plain that she intended to retain her right to call for them if…
2Cited by6 opinions
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- Gilbert v. Watts-Degolyer Co.Illinois Supreme Court · 1897
- Beury Coal & Coke Co. v. County Court of Fayette CountyWest Virginia Supreme Court · 1915
- People v. Estate of LefensIllinois Supreme Court · 1915
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