Barnes v. Barnes
Supreme Court of Alabama
Appeal from Dale Circuit Court. Heard before Hon. H. A. Pearce. Detinue by J. W. Barnes, as administrator of tbe estate of William Barnes, deceased, against Jesse Barnes. Judgment for plaintiff and defendant appeals. A valid gift may be made of a promissory note by delivery merely. — 16 Ala. 221; 87 Cm. Rep. 371; 44 Id. 53; 50 Id. 172; 20 Cyc. 1237. Tbe delivery of a certificate of deposit is a valid gift of tbe money deposited. — 105 Ala. 193; 93 Am.
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Appeal from Dale Circuit Court. Heard before Hon. H. A. Pearce. Detinue by J. W. Barnes, as administrator of tbe estate of William Barnes, deceased, against Jesse Barnes. Judgment for plaintiff and defendant appeals. A valid gift may be made of a promissory note by delivery merely. — 16 Ala. 221; 87 Cm. Rep. 371; 44 Id. 53; 50 Id. 172; 20 Cyc. 1237. Tbe delivery of a certificate of deposit is a valid gift of tbe money deposited. — 105 Ala. 193; 93 Am. Dec. 517; 7 Cyc. 811; 14 N. W. 363; 27 L. Ed. 500. Tbe -donee was not competent to testify that tbe donor gave bim tbe certificate of deposit.…
1Opinion of the CourtSimpson, J.
This is an action of detinue, brought by the appellee, as administrator, to recover a certain certificate of deposit, issued by a bank in favor of said William Barnes.
The facts are that, while said William Barnes, deceased, was sick, the wife of the defendant, according to her testimony, picked up the certificate of deposit under the bed of said William Barnes, gave it to her husband, the defendant; that, when said Williams Barnes Avas about to be removed to Montgomery (for what purpose it does not appear), he called the defendant to his bedside, and said: “Jesse, they are,going to take me…
2Cases cited7 opinions
- Basket v. HassellSupreme Court of the United States · 1883
- Appeal of WalshSupreme Court of Pennsylvania · 1888
- McCord's Administrator v. McCordSupreme Court of Missouri · 1882
- Smith v. FergusonIndiana Supreme Court · 1883
- Walter v. FordSupreme Court of Missouri · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- De Mouy v. JepsonSupreme Court of Alabama · 1951
- Collins v. BaxterSupreme Court of Alabama · 1935
- Smith v. EshelmanSupreme Court of Alabama · 1938
- Trout v. Farmers Trust Co. of NewarkSupreme Court of Delaware · 1933
- Herring v. ElliottSupreme Court of Alabama · 1928
5 more not listed; retrieve them via the Exa API.