Dexheimer v. Gautier
The Superior Court of New York City
Robertson, Ch. J., and S. B. Garvin and j. M. Barbour, Justices. Appeal by the defendant from-a judgment for plaintiff at special term.
1Opinion of the Court
By the court, Robertson, Ch. J.
The only defense which the answer in. this case sets up is, that the intestate (Jacob Dexheimer), of whose estate the plaintiff is administrator, gave the sum sued for to the defendant, in case of the death of the former at any time, without reference to any specific imminent peril. The defendant’s counsel offered on the trial to prove that the. gift was one “ mortis causa,” and made “about the time the intestate went to the war,” and that he was “killed in the war” without having revoked it.
Thereupon, it being admitted that the money claimed was delivered to…
2Cited by2 opinions
- Smith v. FergusonIndiana Supreme Court · 1883
- Blazo v. CochraneSupreme Court of New Hampshire · 1902