Varley v. Sims
Supreme Court of Minnesota
Appeal by defendant, as administrator of the estate of Jessie E. Brown, deceased, from a judgment of the district court for Itasca county, entered pursuant to the findings and order of Spooner, J. Things in action in which the donor himself is the debtor party, cannot be the subject-matter of a valid gift. 3 Pomeroy, Eq. § 1148. An unaccepted check drawn in the ordinary form does not of itself operate as an assignment, though supported by a consideration. 2 Am. & Eng. Enc.
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Appeal by defendant, as administrator of the estate of Jessie E. Brown, deceased, from a judgment of the district court for Itasca county, entered pursuant to the findings and order of Spooner, J. Things in action in which the donor himself is the debtor party, cannot be the subject-matter of a valid gift. 3 Pomeroy, Eq. § 1148. An unaccepted check drawn in the ordinary form does not of itself operate as an assignment, though supported by a consideration. 2 Am. & Eng. Enc. (2d Ed.) 1065, and cases cited; 4 Cyc. 50, 51, and cases cited in note 58; Chapman v. White, 6 N. Y. 412, 417; Florence…
1Opinion of the CourtBrow, J.
The facts in this case are as follows: ' On November 29, 1904, Mrs. C. H. Brown, the mother of plaintiff, had on deposit in the First National Bank of Grand Rapids, this state, subject to check, the sum of $1,168.30. She was on that date at the home of her sister, a Mrs. Wright, at West Allis, Wisconsin, and about to undergo a serious surgical operation. In view of the operation and the probability of death resulting therefrom, she drew her check on the Grand Rapids bank for the entire amount of her deposit therein, payable absolutely to plaintiff, and left the same with Mrs. Wright,…
2Cases cited37 opinions
- Basket v. HassellSupreme Court of the United States · 1883
- Mandeville v. WelchSupreme Court of the United States · 1820
- Ridden v. . ThrallNew York Court of Appeals · 1891
- Devol v. DyeIndiana Supreme Court · 1890
- Ellis v. SecorMichigan Supreme Court · 1875
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3Cited by26 opinions
- Hillman v. YoungOregon Supreme Court · 1912
- Brown v. ChristmanCourt of Appeals for the D.C. Circuit · 1942
- McFadden v. FollrathSupreme Court of Minnesota · 1911
- Scott v. Union & Planters' Bank & Trust Co.Tennessee Supreme Court · 1910
- Kintzinger v. MillinSupreme Court of Iowa · 1962
21 more not listed; retrieve them via the Exa API.