Legal Opinion

Turpin v. Thompson

Court of Appeals of Kentucky

Decided December 13, 1859PublishedCited by 7 opinions

CASE 14 — PETITION EQUITY — APPEAL PROM WAYNE CIRCUIT COURT. cited 2 Kent, 444-5; 2 Wharton, 17; 3 P. Williams, 356; 2 Kent, 439; 3 Mon., 34.

1Opinion of the CourtChief Justice Simpson

That the note of fifty dollars on the appellee, James Thompson, was given by Dickerson Thompson, to whom it was payable, to his wife, in his last illness, and in contemplation of his death, is fully established by the testimony.

It was formerly held that a promissory note, unless payable to bearer, was not the subject of a gift causa mortis, without an assignment thereon from the donor to the donee. This decision was made upon the idea that a promissory note being a mere chose in action, no interest therein passed by delivery, and, therefore, an assignment of it was indispensable to make it…

2Cited by7 opinions

  1. Hazelton v. PutnamWisconsin Supreme Court · 1850
  2. Ashbrook v. Ryon's adm'rCourt of Appeals of Kentucky · 1867
  3. Dickerson v. Snyder, AdministratorCourt of Appeals of Kentucky (pre-1976) · 1925
  4. Kirkland v. NarramoreMassachusetts Supreme Judicial Court · 1870
  5. May v. SkinnerMassachusetts Supreme Judicial Court · 1889

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