Fowler v. Fowler
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. H. L. Mo-(June, Judge. • (1) To constitute a gift, the thing given must be delivered by the donor and accepted by the donee. Safe Dep. Co. v. Huntington, 85 Hun 465; Camherling v. Graham, 79 Hun 247; Rex v. Hunt, N. Y. App. Div., 540; Mathews v. Hoogland, 48 N. J. Eq. 455; Taylor v. Henry, 48 Md. 550; Telford v. Patton, 144 Ill. 611; Williamson v. Johnson, 62 Vt. 378; Voegel v. Gash, 20 Mo.
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Appeal from Jackson Circuit Court. — Hon. H. L. Mo-(June, Judge. • (1) To constitute a gift, the thing given must be delivered by the donor and accepted by the donee. Safe Dep. Co. v. Huntington, 85 Hun 465; Camherling v. Graham, 79 Hun 247; Rex v. Hunt, N. Y. App. Div., 540; Mathews v. Hoogland, 48 N. J. Eq. 455; Taylor v. Henry, 48 Md. 550; Telford v. Patton, 144 Ill. 611; Williamson v. Johnson, 62 Vt. 378; Voegel v. Gash, 20 Mo. App. 140; Quirk v. Quirk, 155 Fed. 199; Schouler’s Personal Prop., sec. 97; In re Campbell’s Est., 7 Pa. 101; Young v. Power, 41 Miss. 197. (2) A witness may give…
1Opinion of the CourtEllison, J.
Plaintiff and defendant are brothers, and at the time of the origin of the transaction in question had been successful in business as partners and were in affluent circumstances. They each desired to buy a lot upon which to build a residence. They bought adjoining, and when the deeds were brought to them the plaintiff paid for his own and for defendant’s. The latter claims the transaction was a gift to him, while the plaintiff insists he advanced the money for defendant, to be paid back to him when he should call for it. He afterwards demanded the money, defendant refused to pay and this…
2Cases cited4 opinions
- Cook v. PatrickIllinois Supreme Court · 1891
- Eckert v. GridleyIllinois Supreme Court · 1882
- Hulet v. Northern Pacific Railway Co.North Dakota Supreme Court · 1905
- Quirk v. QuirkU.S. Circuit Court for the District of Eastern Pennsylvania · 1907