Keepers v. Fidelity Title & Deposit Co.
Supreme Court of New Jersey
On error to the Supreme Court. The plaintiff, Lillie A. Keepers, brought two suits in the Supreme Court against the Fidelity Title and Deposit Company, one an action on contract, to recover $418.22, the balance of $970, which had been deposited in the Howard Savings Institution by and in the name of Minnie I. Munn, aud the other an action of replevin, to obtain possession of stock certificate Ho. 2459, for forty-one shares of the capital stock of the American Insurance…
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On error to the Supreme Court. The plaintiff, Lillie A. Keepers, brought two suits in the Supreme Court against the Fidelity Title and Deposit Company, one an action on contract, to recover $418.22, the balance of $970, which had been deposited in the Howard Savings Institution by and in the name of Minnie I. Munn, aud the other an action of replevin, to obtain possession of stock certificate Ho. 2459, for forty-one shares of the capital stock of the American Insurance Company, a bond made by the plaintiff to Minnie I. Munn for $1,000, and a bond made by John Bernreuther to James T. Yan Hess…
1Opinion of the Court
The opinion of the court was delivered by
Dixon, J.
The first question for solution is whether the delivery of the key of a box containing valuable papers is sufficient delivery to constitute a valid donatio moHis causa of the papers, when the box is not in the presence or immediate control of the donor and does not pass into the actual possession of the donee during the lifetime of the donor.
The leading case on the subject of donations mortis causa is Ward v. Turner, 2 Ves. Sr. 431 (A. D. 1752), where Lord Chancellor Hardwicke laid down the rule, with reference to delivery) which has ever…
2Cases cited5 opinions
- Ridden v. . ThrallNew York Court of Appeals · 1891
- Thomas' Adm'r v. LewisSupreme Court of Virginia · 1892
- Hatch v. AtkinsonSupreme Judicial Court of Maine · 1868
- Cooper v. BurrNew York Supreme Court · 1865
- Debinson v. EmmonsMassachusetts Supreme Judicial Court · 1893
3Cited by19 opinions
- Atchley v. RimmerTennessee Supreme Court · 1923
- Apache State Bank v. DanielsSupreme Court of Oklahoma · 1911
- Fouts v. NanceSupreme Court of Oklahoma · 1916
- Martin v. MartinCourt of Appeals of Texas · 1918
- Christensen v. Ogden State BankUtah Supreme Court · 1930
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