Hagemann v. Hagemann
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. This case began in the probate court of Cook county as a claim of Michael Hagemann, the appellee, against the estate of his deceased brother, Fritz Hagemann, praying, in the alternative, for the- payment to him of the value of or the delivery to him of certain specific promissory notes described in said claim and in the inventory filed in said estate, aggregating $4000, and enumerated by the names of the makers, as follows:…
1Opinion of the CourtJustice Ricks
Appellant assigns sixteen errors, but the only contentions argued are, that the transaction had between Fritz Hagemann and appellee' at the time the written instrument of October 5, set out in the statement, was executed, does not constitute a sale, as there was no consideration, neither did said transaction constitute a gift inter vivos or causa mortis, and that the notes in question have never been sufficiently identified as the notes with reference to which the paper of October 5 was executed.
We think it clear that the intention of the donor, in cases of this character, is a controlling…
2Cases cited3 opinions
- Martin v. MartinIllinois Supreme Court · 1897
- Telford v. PattonIllinois Supreme Court · 1892
- Stephenson's adm'r v. KingCourt of Appeals of Kentucky · 1883
3Cited by11 opinions
- Cottrell v. GersonIllinois Supreme Court · 1939
- Cottrell v. GersonAppellate Court of Illinois · 1938
- Oliver v. CrookAppellate Court of Illinois · 1943
- Hartwig v. East Wisconsin Trustee Co.Wisconsin Supreme Court · 1936
- Ross v. CommissionerUnited States Board of Tax Appeals · 1933
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