O'Gorman v. Jolley
South Dakota Supreme Court
Appeal from Circuit Court Clay County. Hon. Robert B. Teipp, Judge. Action by Thomas O’Gorman, trustee, and others against John L. Jolley, administrator, (intervenor), and others, to recover upon a certificate of deposit. From a judgment for defendants, -and -from -an order denying a. new trial, plaintiffs appeal.
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Appeal from Circuit Court Clay County. Hon. Robert B. Teipp, Judge. Action by Thomas O’Gorman, trustee, and others against John L. Jolley, administrator, (intervenor), and others, to recover upon a certificate of deposit. From a judgment for defendants, -and -from -an order denying a. new trial, plaintiffs appeal. A bank deposit may be the subject of a gift, and delivery of the certificate of deposit is sufficient to^ pass the title to the money. 20 Cyc. 1,238; 1244. The delivery of the certificate of deposit to T. L- Flood vested him with the title to that portion of the money intended for…
1Opinion of the CourtSmith, P. J.
This appeal involves the validity of certain alleged gifts causa mortis. The facts disclosed by the record are substantially .as follows:
On June 2, 1911, one Margaret Sullivan, an -aged woman residing in the city of V'ermillion, was in poor health, resulting from an acute attack of pneumonia, which 'had left her in a feeble condition. She then had $4000 in cash, which she caused to- be deposited in the First National Bank of Vermillion, and received therefor a certificate of deposit, containing the recital: “Payable as per instruction on back of this certificate. * * * Payable after date with…
2Cases cited25 opinions
- Basket v. HassellSupreme Court of the United States · 1883
- Wadd v. . HazeltonNew York Court of Appeals · 1893
- Dickeschied v. Exchange BankWest Virginia Supreme Court · 1886
- Seabright v. SeabrightWest Virginia Supreme Court · 1886
- Spooner's Adm'r v. Hilbish's Ex'orSupreme Court of Virginia · 1895
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3Cited by8 opinions
- Eschen v. SteersCourt of Appeals for the Eighth Circuit · 1926
- Spitzer v. SpitzerSouth Dakota Supreme Court · 1969
- Trumbauer v. RustSouth Dakota Supreme Court · 1915
- Christensen v. Ogden State BankUtah Supreme Court · 1930
- Bunt v. FairbanksSouth Dakota Supreme Court · 1965
3 more not listed; retrieve them via the Exa API.