Harriman v. Bunker
Supreme Court of New Hampshire
Assumpsit, to recover money drawn by the defendant from a savings bank upon the testator’s written order. Trial by the court, which found the facte as follows: The plaintiff is executor of the last will of Edgar P.‘ Stockbridge who died November 21, 1916. Sunday, November 19, 1916, Stock-bridge gave the defendant his bank-book upon the Farmers’ Savings Bank of Pittsfield with an order written that day and signed by him in the presence of one J. C. Pickering directing the…
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Assumpsit, to recover money drawn by the defendant from a savings bank upon the testator’s written order. Trial by the court, which found the facte as follows: The plaintiff is executor of the last will of Edgar P.‘ Stockbridge who died November 21, 1916. Sunday, November 19, 1916, Stock-bridge gave the defendant his bank-book upon the Farmers’ Savings Bank of Pittsfield with an order written that day and signed by him in the presence of one J. C. Pickering directing the bank to pay the amount due on the book to the bearer. Monday, November 20, one Greenshield, an employee of the defendant,…
1Opinion of the CourtParsons, C. J.
A gift donatio causa mortis is one made by the donor under apprehension of death, revocable during the lifetime of the donor, and which will revert to him in case he shall survive the donee or shall be delivered from the peril of death in which it is made; while the distinguishing feature of a gift inter vivos is that it is unconditional and goes into immediate and absolute effect. In the latter case the donor intends to part with all control and dominion over the property. Blazo v. Cochrane, 71 N. H. 585, 587, 588; Emery v. Clough, 63 N. H. 552; Reed v. Spaulding, 42 N. H. 114, 119. If- the…
2Cases cited2 opinions
- Henschel v. MaurerWisconsin Supreme Court · 1887
- Wilson v. JourdanMississippi Supreme Court · 1901
3Cited by3 opinions
- Canning v. BennettSupreme Court of Oklahoma · 1952
- Fernald v. FernaldSupreme Court of New Hampshire · 1921
- Bailey v. BaileySupreme Court of New Hampshire · 1922