Scott v. Lauman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 2 of Allegheny county^: Of .October and November Term 1883, No. 218. Feigned issue, wherein George K. Lauman, administrator d. b. n. c. t. a. of William Scott, deceased, was plaintiff, and Andrew Scott was defendant, to determine whether the right to a certain sum of $4,000 passed to the defendant by the following indorsed certificate of deposit.
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Error to the Court of Common Pleas No. 2 of Allegheny county^: Of .October and November Term 1883, No. 218. Feigned issue, wherein George K. Lauman, administrator d. b. n. c. t. a. of William Scott, deceased, was plaintiff, and Andrew Scott was defendant, to determine whether the right to a certain sum of $4,000 passed to the defendant by the following indorsed certificate of deposit. No. 2,432. Masonic Bank, ) Pittsburgh, Pa., October 31st 1879. [ William Scott has deposited in this Bank, forty-one hundred and eighty-one and 20-100 dollars, to be left for six months, and to bear interest at…
1Opinion of the Court
The opinion of the court was filed January 7th 1884.
2Per curiam
— To constitute a valid gift, there must be a delivery of the property to the donee, or to some person for his use. A gift is a contract executed. The act of execution is the delivery of possession. Without delivery, it is only a contract to give, not binding for want of consideration: Campbell’s Estate, 7 Barr 100; Withers v. Weaver, 10 Id. 391; Kidder v. Kidder, 9 Casey 268; Trough’s Estate, 25 P. F. S. 115; Zimmerman v. Streeper, Id. 147.
In the.present case there was no delivery to the donee, nor to any person for his use. The donee…
3Cited by12 opinions
- Appeal of WalshSupreme Court of Pennsylvania · 1888
- Rynier EstateSupreme Court of Pennsylvania · 1943
- Allshouse's EstateSupreme Court of Pennsylvania · 1931
- In Re Estate of EvansSupreme Court of Pennsylvania · 1976
- Isett v. MaclaySupreme Court of Pennsylvania · 1919
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