Armitage v. . MacE
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made February 6, 1882, which overruled defendant’s exceptions, denied a motion for a new trial, and directed judgment on a verdict. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made February 6, 1882, which overruled defendant’s exceptions, denied a motion for a new trial, and directed judgment on a verdict. The nature of the action and the material facts are stated in the opinion. There was no delivery of the horse by the husband to the wife at the time of the alleged gift, nor did the plaintiff exercise any command or dominion over the mare, the subject of the pretended gift, all of which were requisite to make the gift valid in law. (Kent’s Comm., § 437;…
1Opinion of the CourtEarl, J.
This action was brought in ifovember, 1877, to-recover the possession of a mare called “ Modesty.” The defendant, in his answer, denied plaintiff’s title and alleged that he had a lien upon the mare for her keep and board under chapter 498 of the Baws of 1872.
The plaintiff claimed title to the mare by a gift from her husband. It is not denied in the brief submitted to us on behalf of the appellant that she could thus acquire the title. That a husband may make a valid gift of personal property directly'to bis wife is thoroughly settled by authority. (Phil lips v. Wooster, 36 N. Y. 412; Rawson…
2Cases cited1 opinion
- Phillips v. . WoosterNew York Court of Appeals · 1867
3Cited by11 opinions
- Waterman v. MacKenzieSupreme Court of the United States · 1891
- Dean v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Young v. SecklerAppellate Division of the Supreme Court of the State of New York · 1980
- Sharp v. JohnsonOregon Supreme Court · 1901
- Coulter v. MeiningSupreme Court of Minnesota · 1919
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