Brink v. Gould
New York Supreme Court
This action was brought in a justice’s court to recover the value of a cow, which plaintiff claims was wrongfully and unlawfully taken by the defendant. The defendant denies every allegation of the complaint, also denies the plaintiff being the owner of said cow, or having the right of possession..
Read the full summary
This action was brought in a justice’s court to recover the value of a cow, which plaintiff claims was wrongfully and unlawfully taken by the defendant. The defendant denies every allegation of the complaint, also denies the plaintiff being the owner of said cow, or having the right of possession.. The answer also alleges that he came rightfully in possession of said cow, by virtue of a mortgage given by James B. Brace, plaintiff’s father, to James B. Balch, and that afterwards the said James B. Brace, who had a right so to do, and at the time of the .pretended conversion did sell and…
1Opinion of the Court
By the court, Miller, P. J.
—Delivery is essential to the validity of a parol gift. Without a delivery, title does not pass, and a mere intention or naked promise to give, without some act to pass the property, is not a gift (2 Kent Com., 438). The donor must part not only with the possession, but with the dominion of the property (2 Kent Com., 439). And the gift is only perfect and irrevocable by delivery and acceptance (2 Kent Com., 440, see also Grangiac agt. Arden, 10 Johns., 296 ; Huntington agt. Gilmore, 14 Barb., 246; Woodruff agt. Cook, 25 Barb., 512; Harris agt. Clark, 3 Com., 113).
The…
2Cases cited2 opinions
- Woodruff v. CookNew York Supreme Court · 1857
- Huntington v. GilmoreNew York Supreme Court · 1852
3Cited by4 opinions
- In re the Estate of KugelNew York Surrogate's Court · 1948
- In Re the Accounting of KellyNew York Court of Appeals · 1941
- Montgomery v. MillerNew York Surrogate's Court · 1877
- Weber v. Bank for SavingsNew York Marine Court · 1878