Legal Opinion · Dissent

Chicago Title & Trust Co. v. Ward

Appellate Court of Illinois

Decided June 17, 1925No. Gen. No. 29,485Published

1DissentJustice Thomson

In my opinion the judgment appealed from should be affirmed both as to the Chicago Title and Trust Company stock and as to the Delta and Pine Land Company stock.

The burden of proof on the issue of whether there had been a completed gift of these stocks by Benton to his daughter was on the plaintiff. It may be that a less quantum of proof will satisfy that burden and make out a prima facie case where the alleged donor is a parent and the alleged donee a child, than would be required where such a relation does not exist, but even in the latter situation, the burden of proof still rests with the…

2Cases cited20 opinions

  1. Whalen v. MilhollandCourt of Appeals of Maryland · 1899
  2. Allen-West Commission Co. v. GrumblesCourt of Appeals for the Eighth Circuit · 1904
  3. In Re the Judicial Settlement of the Account of CrawfordNew York Court of Appeals · 1889
  4. Jackson v. Twenty-Third Street Railway Co.New York Court of Appeals · 1882
  5. Cummings v. BramhallMassachusetts Supreme Judicial Court · 1876

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