Druke v. Heiken
California Supreme Court
Appeal from a judgment for defendants in the Superior Court of the County of Sutter. Keyser, J.
1Opinion of the Court
The Court :
If a promissory note payable to order and not indorsed, is the subject of a gift, causa mortis, the judgment appealed from must be affirmed, for there is uncontradicted evidence that such a note was given by the decedent as a donatio causa mortis to Margaret Heiken, one of the defendants in this action. The authorities cited by respondent’s counsel are somewhat numerous, and all support their contention “ that a promissory note payable to order and not indorsed, is the subject of a gift causa mortis.”
Section 3101 of the Civil Code has not changed the rule in regard to the transfer…
2Cited by10 opinions
- Hillman v. YoungOregon Supreme Court · 1912
- Leyson v. DavisMontana Supreme Court · 1895
- Varley v. SimsSupreme Court of Minnesota · 1907
- Foley v. HarrisonSupreme Court of Missouri · 1911
- Edwards v. WagnerCalifornia Supreme Court · 1898
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