Elam v. Keen
Supreme Court of Virginia
Assumpsit, by Keen against Elam, in the circuit court of Chesterfield, for money had and received by the defendant to the plaintiff’s use. Pleas, non assumpsit, and the statute of limitations. Verdict and judgement for the plaintiff, for 183 dollars, with interest &c. At the trial, the plaintiff gave in evidence the last will and testament of Elisha Keen deceased, whereby he devised and bequeathed his whole estate to his mother Elizabeth Keen; who was also his executrix.
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Assumpsit, by Keen against Elam, in the circuit court of Chesterfield, for money had and received by the defendant to the plaintiff’s use. Pleas, non assumpsit, and the statute of limitations. Verdict and judgement for the plaintiff, for 183 dollars, with interest &c. At the trial, the plaintiff gave in evidence the last will and testament of Elisha Keen deceased, whereby he devised and bequeathed his whole estate to his mother Elizabeth Keen; who was also his executrix. And then he adduced testimony, proving that Elizabeth Keen, the executrix, being possessed of a bond executed to her…
1Opinion of the CourtCarr, J.
That no valid gift of a chattel can be made, without delivery of the thing given, or something equivalent to such delivery, is settled law, as this court decided in Ewing v. Ewing, upon the authority of many cases there cited. The question is, has there been such delivery here? In contracts of sale, a constructive or symbolical delivery is sufficient to pass the right to the chattel sold, and put it at the risque of the vendee : the cases cited in Pleasants v. Pendleton prove this. But lord Hardwicke, in Ward v. Turner, denies (as a general proposition) that such delivery is sufficient to…
2Cited by6 opinions
- Ralston v. Town of WestonWest Virginia Supreme Court · 1899
- Crook v. First National Bank of BarabooWisconsin Supreme Court · 1892
- Snidow v. First National BankSupreme Court of Virginia · 1941
- Snidow v. BrothertonSupreme Court of Virginia · 1924
- Ogdon, Admr. v. Washington Nat. BankIndiana Court of Appeals · 1924
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