Wright v. Wright
New York Supreme Court
Assumpsit, by payee against executors of the maker, on a promissory note for 500 dollars, dated Sept. 15th, 1821. Plea, the general issue. This cause was tried at the last Franklin Circuit, Aug. 21, 1823, before the Hon. R. * ° _ H. Walworth, Circuit Judge. The defendants attempted io shew a want of consideration for the note, but wholly failed in their proof, and a verdict was found for the plaintiff, tipon proving the hand writing of the testator.
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Assumpsit, by payee against executors of the maker, on a promissory note for 500 dollars, dated Sept. 15th, 1821. Plea, the general issue. This cause was tried at the last Franklin Circuit, Aug. 21, 1823, before the Hon. R. * ° _ H. Walworth, Circuit Judge. The defendants attempted io shew a want of consideration for the note, but wholly failed in their proof, and a verdict was found for the plaintiff, tipon proving the hand writing of the testator. Soon after the trial, the defendants discovered, for the first time, that John Livingston had, shortly after the testator’s death, heard the…
1Opinion of the Court
Curia.
It is clearly inferable, from the facts, as presented, that the note was a donatio causa mortis ; and the case , is, in this respect, distinguishable from the one cited. The testator made his will in his last sickness, and gave the note to his brother, without consideration, to be sure, but in expectation of dissolution. The only question which can arise is, whether a promissory note is the subject of a donatio causa mortis ; for there is always a tacit condition annexed to these gifts, that the donor die. To constitute a valid donatio causa mortis, there must be a delivery of *600chattels.…
2Cited by11 opinions
- In Re the Judicial Settlement of the Accounts of JamesNew York Court of Appeals · 1895
- Whitaker v. . WhitakerNew York Court of Appeals · 1873
- Jones v. DeyerSupreme Court of Alabama · 1849
- Foley v. HarrisonSupreme Court of Missouri · 1911
- Dunn v. German-American BankSupreme Court of Missouri · 1891
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