Beaver v. Beaver

Landon, J.,

(dissenting.) Upon the facts as now found I think the trial court was obliged by the opinion of the court of appeals upon its review of the former trial, 117 N. Y. 421, 22 N. E. Rep. 940, to find in favor of the defendants. The court of appeals said, page 429, 117 N. Y., and page 942, 22 N. E. Rep.: “We are of opinion that there are lacking in this case two of the essential elements to constitute a gift" by John 0. Beaver to his son of the money deposited July 5, 1866, viz., an intent to give, and a delivery of the subject of the alleged gift.” The plaintiff, upon this trial, has…