Parker v. Marston
Supreme Judicial Court of Maine
Exceptions from the district court, Redington J. presiding. “ This is an action of trover, for a promissory note, made by one David Parker and payable to one Betsey Parker. The verdict was for the plaintiff. The writ, together with certain questions propounded by the Court and answered by the jury, and also the note aforesaid, are to be copied and made a part of this case.
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Exceptions from the district court, Redington J. presiding. “ This is an action of trover, for a promissory note, made by one David Parker and payable to one Betsey Parker. The verdict was for the plaintiff. The writ, together with certain questions propounded by the Court and answered by the jury, and also the note aforesaid, are to be copied and made a part of this case. The plaintiff claimed to hold the note by gift from Betsey Parker, made during the sickness which terminated in her death, and about two days before that event, for services, &c. rendered. The note was not indorsed by…
1Opinion of the Court
The opinion of the Court was drawn up by
TeNney J.
The Judge instructed the jury, that if the note was given and delivered to Mary Ann Parker, because the donor expected soon to die of the disorder then upon her, it was revocable at any time during the donor’s life, and the same could be afterwards given to the plaintiff, or to any other. This instruction was undoubtedly correct. It is laid down by elementary writers of the present day, that such gifts are inchoate, and are not perfected till the death of the donor ; they are revocable by the donor during his life. “ They are *204properly gifts of…
2Cited by5 opinions
- Seabright v. SeabrightWest Virginia Supreme Court · 1886
- Bliss v. FosdickNew York Supreme Court · 1895
- Doran v. DoranCalifornia Supreme Court · 1893
- Flint v. VarneySupreme Court of Iowa · 1935
- Kirk v. McCuskerNew York Court of Common Pleas · 1893