Brown v. Brown
Supreme Court of Connecticut
This was a bill of foreclosure. On the 15th of April 1844, the defendant, being indebted to Catharine Newman in the sum of 1600 dollars, gave her his promissory note for that sum, and executed to her a mortgage of real estate to secure the payment of the note.
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This was a bill of foreclosure. On the 15th of April 1844, the defendant, being indebted to Catharine Newman in the sum of 1600 dollars, gave her his promissory note for that sum, and executed to her a mortgage of real estate to secure the payment of the note. In December 1845, C. Newman, in her last sickness, and in anticipation of her approaching death, delivered said note to Harriet E. Scofield, one of the defendants ; the former intending such delivery as a donatio causa mortis, and the latter receiving it as such. The mortgage deed given to secure the payment of the note, was not…
1Opinion of the CourtHinman, J.
The finding in this case presents the question, whether the promissory note of a third person, not payable to bearer, or so indorsed as to transfer the legal title by delivery merely, may be the subject of a donatio causa mortis.
Without going into a review of the authorities upon this question, it is sufficient to say, that the principles applicable to ordinary gifts inter vivos, were formerly applied to this species of donation ; consequently, choses in action were considered not to be the proper subjects of it. Gifts must be accompanied by delivery of possession. They must therefore be of…
2Cases cited1 opinion
- Coutant v. SchuylerNew York Court of Chancery · 1829
3Cited by17 opinions
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- Apache State Bank v. DanielsSupreme Court of Oklahoma · 1911
- Camp's Appeal from ProbateSupreme Court of Connecticut · 1869
- Coutant v. SchuylerNew York Court of Chancery · 1829
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