Legal Opinion · Dissent

Alampi v. Frye

Michigan Supreme Court

Decided October 11, 1943No. Docket No. 76, Calendar No. 42,379Published

1DissentBoyles, C. J.

I think that the proofs were sufficient to establish a gift inter vivos. The stock certificates were in plaintiff’s possession for approximately seven years, and still are, after the death of John Alampi. When John Alampi gave the stock certificates to plaintiff, he said, in the presence of two witnesses:

“Here Joe, this is Detroit Edison stock.”

He further said:

“Joe that is for you. It is some stock I am giving you. * * # This I give to you and keep for yourself.”

Another eyewitness to the same transaction when John Alampi handed to plaintiff the envelope containing stock testified:

“These are…

2Cases cited3 opinions

  1. Love v. FrancisMichigan Supreme Court · 1886
  2. Hoyt v. GillenMichigan Supreme Court · 1914
  3. Cook v. FraserMichigan Supreme Court · 1941

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