Whiting v. Barrett
New York Supreme Court
This action was brought by Whiting, who was appointed receiver of the property of Caleb Barrett in proceedings supplementary to execution in an action brought in this court by Green Parker against Barrett, in which judgment was docketed in favor of Parker, on the 24th of April, 1867, for $293.98 damages and costs, and also to set aside a deed given by one Hall to the defendant, Lydia Barrrett.
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This action was brought by Whiting, who was appointed receiver of the property of Caleb Barrett in proceedings supplementary to execution in an action brought in this court by Green Parker against Barrett, in which judgment was docketed in favor of Parker, on the 24th of April, 1867, for $293.98 damages and costs, and also to set aside a deed given by one Hall to the defendant, Lydia Barrrett. In August, 1864, Barrett entered the army and thereupon became entitled to a bounty of $1,000. He gave directions to the supervisors of the town, to fill the quota of which he had volunteered, to give…
1Opinion of the Court
Mullís, P. J.
Delivery of the thing given is absolutely essential to make valid the gift; but it is not essential that the delivery should be directly to the donee. It may be delivered to another person for him. (Hunter v. Hunter, 19 Barb., 631.)
I do not find any case in which it has been held that a paroi gift of property not in esse or not in the possession or under the control of the donor at the time of the gift is valid where the donor subsequently, and before there is any revocation of the gift by the donor, obtains the possession, and the donor thereafter recognizes the donee as owner,…
2Cases cited2 opinions
- Champney v. . BlanchardNew York Court of Appeals · 1868
- Hunter v. HunterNew York Supreme Court · 1855
3Cited by9 opinions
- Smillie v. . QuinnNew York Court of Appeals · 1882
- Porter v. GardnerNew York Supreme Court · 1891
- Muir v. HowellNew Jersey Court of Chancery · 1883
- Spaulding v. KeyesNew York Supreme Court · 1889
- Spaulding v. KeyesNew York Supreme Court · 1889
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