Smith v. Barrick

In the course of its per curiam opinion the Court of Appeals said :

“One cannot legally give or assign a chose in possession or a chose in action unless he has some legal or equitable interest to give or assign. And it follows that a person is not a donee or assignee of property unless the concomitant donor or assignor has some interest in property which can be the subject matter of a gift or assignment.”

The Court of Appeals here directed attention to the real question for consideration, to wit, was the decedent the owner of the bonds at the time appellant, Nettie Knappe, claims that these…