Conner v. Root
Supreme Court of Colorado
Error to Superior Court of Denver. This was an action commenced by Charles Conner, October 5, 1883, against Amos H. Root, upon an agreement in writing, as follows: “ Denver, Colorado, May 11, 1882. “Whereas, Charles Conner did, on the 18th day of January, 1882, deliver and indorse over to me one certain certificate of deposit issued by the Colorado National Bank of Denver to one Annie Reardon, for the sum of $943.40, and dated December 23, 1881; and whereas, said certificate…
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Error to Superior Court of Denver. This was an action commenced by Charles Conner, October 5, 1883, against Amos H. Root, upon an agreement in writing, as follows: “ Denver, Colorado, May 11, 1882. “Whereas, Charles Conner did, on the 18th day of January, 1882, deliver and indorse over to me one certain certificate of deposit issued by the Colorado National Bank of Denver to one Annie Reardon, for the sum of $943.40, and dated December 23, 1881; and whereas, said certificate of deposit showed on the back of the same an indorsement, appearing to be the indorsement of the said Annie Reardon;…
1Opinion of the Court
Stallcup, C.
We cannot agree with counsel for appellant that the evidence is all one way, and against the finding of the court. If the gift and delivery were made during the last sickness of the donor, in anticipation of death therefrom, the donation became complete upon such death; and a certificate of deposit may be the subject of such gift without indorsement. Upon this subject the law is stated in section 1148, 3 Pom. Eq. Jur., as follows: “All kinds of personal property, using the word in its broad mercantile sense as equivalent to assets, which are capable of manual delivery, of which…
Also in this document: Per curiam.
2Cases cited1 opinion
- Gilham v. FrenchSupreme Court of Colorado · 1882
3Cited by7 opinions
- York v. TriggSupreme Court of Oklahoma · 1922
- Varley v. SimsSupreme Court of Minnesota · 1907
- Vosburg v. MallorySupreme Court of Iowa · 1912
- Caylor v. Caylor's EstateIndiana Court of Appeals · 1899
- Mellor v. Bank of WillowsCalifornia Supreme Court · 1916
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