Cambreleng v. Graham
New York Supreme Court
Appeal from judgment on report of referee. Action by Josephine G. Cambreleng against Ella Ward Graham to recover possession of a piano. From a judgment in favor of plaintiff, defendant appeals.
1Opinion of the CourtParker, J.
The referee found that plaintiff’s father, by a valid gift inter vivas, vested in her the title to a piano, which he after-wards undertook to transfer by bill of sale, properly executed, through a third person, to his wife, this defendant, and adjudged that plaintiff was entitled to recover its possession from the defendant. To constitute a valid gift inter vivas, the donor must be competent to give, and the donee to receive; the donor’s dominion over the property must be such that he has a present right to give it; he must intend to make the gift; there must be an actual delivery of the…
2Cases cited1 opinion
- Jackson v. . TupperNew York Court of Appeals · 1886
3Cited by3 opinions
- De Puy v. StevensAppellate Division of the Supreme Court of the State of New York · 1899
- Goelz v. People's Savings BankIndiana Court of Appeals · 1903
- Gick v. StumpfNew York Supreme Court · 1907