Drew v. Hagerty
Supreme Judicial Court of Maine
On exceptions and motion of the defendant to set aside the verdict, and for a new trial. The action was for money had and received by the defendant by her collection of the amounts due on three savings bank books after her husband’s death. The plaintiff sues as administrator on tlie estate of Daniel Hagerty, the defendant’s husband.
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On exceptions and motion of the defendant to set aside the verdict, and for a new trial. The action was for money had and received by the defendant by her collection of the amounts due on three savings bank books after her husband’s death. The plaintiff sues as administrator on tlie estate of Daniel Hagerty, the defendant’s husband. Yerdi ct was for plaintiff for $2,420.68. It appeared that said Hagerty, who died January 14, 1884, deposited in 1879 moneys in three savings banks and which at the time of bis death amounted to about $8,000. One of the deposit books bore tlie indorsement,…
1Opinion of the CourtWalton, J.
The most important question is whether the gift of a savings-bank book, from husband to wife, causé mortis, is valid without delivery, provided the book is at the time of the alleged gift already in the possession of the wife. The action was tried before the Chief Justice, and he ruled that to constitute a valid gift, causé mortis, there must be a delivery; that if the property “be at the time already in the possession of the donee, the donor’s saying to the donee, ‘you may have it,’ or ‘you may keep it — it shall be yours,’ does not pass the property in the case of a gift causé mortis.”
We…
2Cases cited2 opinions
- Dickeschied v. Exchange BankWest Virginia Supreme Court · 1886
- French v. RaymondSupreme Court of Vermont · 1867
3Cited by17 opinions
- Apache State Bank v. DanielsSupreme Court of Oklahoma · 1911
- Szabo v. SpeckmanSupreme Court of Florida · 1917
- Adams v. Merced Stone Co.California Supreme Court · 1917
- Bean v. BeanSupreme Court of New Hampshire · 1902
- Begovich v. KruljacWyoming Supreme Court · 1928
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