Legal Opinion

Bond v. Bean

Supreme Court of New Hampshire

Decided February 2, 1904PublishedCited by 14 opinions

Pkobate Appeal. Trial by jury and verdict for the plaintiff. Transferred from the September term, 1902, of the superior court by Stone, J. The issue tried was whether John D. Bean in his lifetime gave-the plaintiff, who is his daughter, sixty-seven shares of the capital stock of the West End Street Railway Company standing in his name and unassigned at the time of his decease.

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Pkobate Appeal. Trial by jury and verdict for the plaintiff. Transferred from the September term, 1902, of the superior court by Stone, J. The issue tried was whether John D. Bean in his lifetime gave-the plaintiff, who is his daughter, sixty-seven shares of the capital stock of the West End Street Railway Company standing in his name and unassigned at the time of his decease. Mrs. Bean, a witness for the plaintiff, testified that two or three years before Mr. Bean’s death he handed to the plaintiff a certificate of stock in the West End Street Railway, accompanying it with the remark, “I…

1Opinion of the CourtBingham, J.

The defendants contend that the verdict cannot be sustained for the following reasons: (1) That the evidence was insufficient to warrant the jury in finding a completed gift; (2) that there was error in the charge to the jury; and (3) that the plaintiff’s counsel made improper statements in his closing .argument. We will consider the objections raised in the order named.

1. The court held in Bean v. Bean, 71 N. H. 538, 541, that “ in the case of a gift inter vivos the evidence should be sufficient to render a finding of the fact of delivery reasonable, and should disclose the circumstances…

2Cases cited5 opinions

  1. First National Bank v. HollandSupreme Court of Virginia · 1901
  2. Leyson v. DavisMontana Supreme Court · 1895
  3. Reed v. CopelandSupreme Court of Connecticut · 1883
  4. Allerton v. LangThe Superior Court of New York City · 1863
  5. Walsh v. SextonNew York Supreme Court · 1869

3Cited by14 opinions

  1. Broderick v. WattsSupreme Court of New Hampshire · 1992
  2. Trask v. Walker's EstateSupreme Court of Vermont · 1926
  3. State v. GuaySupreme Court of New Hampshire · 1988
  4. First Nat. Bank of Boston v. Commissioner of Int. Rev.Court of Appeals for the First Circuit · 1933
  5. Graham v. WeberSupreme Court of New Hampshire · 1920

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