Legal Opinion

Cooper v. Burr

New York Supreme Court

Decided September 19, 1865PublishedCited by 20 opinions

APPEAL by the defendant from a judgment entered upon the verdict of a jury, and from an order made at a special term, denying a motion for a new trial.

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APPEAL by the defendant from a judgment entered upon the verdict of a jury, and from an order made at a special term, denying a motion for a new trial. The action was brought to recover a quantity of gold and silver coin, jewelry, silver ware, household furniture, &c. which the plaintiff claimed as a gift from one Mary Cooper, deceased, the former owner, and which the defendants' had taken possession of, and detained, claiming the same as the next of kin of the said Mary Cooper, who died intestate. The defendants alleged in their answer that since the commencement of this suit, letters of…

1Opinion of the Court

By the Court, Leonard, J.

It is essential to a valid gift by parol, that there should be an actual or symbolical delivery. The title does not pass unless possession, or the means of obtaining it, are conferred by the donor and accepted by the donee.

The situation, relation, and circumstances of the parties, and of the subject of the gift, may be taken into consideration in determining the intent to give, and the fact as to delivery. A total exclusion of the power or means of resuming possession by the donor is not necessary. A declaration of the intent to give, and an indorsement of the name of…

2Cases cited3 opinions

  1. Grangiac v. ArdenNew York Supreme Court · 1813
  2. Lydia Allen v. . CowanNew York Court of Appeals · 1861
  3. Allen v. CowanNew York Supreme Court · 1858

3Cited by20 opinions

  1. Smith v. . United States Casualty Co.New York Court of Appeals · 1910
  2. Apache State Bank v. DanielsSupreme Court of Oklahoma · 1911
  3. In re ShipleyNew York Supreme Court · 1960
  4. Waite v. GrubbeOregon Supreme Court · 1903
  5. Walker v. CrewsSupreme Court of Alabama · 1882

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