Gallagher v. Donahy
Supreme Court of Kansas
Error from Pottawatomie district court; William Thomson, judge. STATEMENT. This was an action to recover on three promissory notes executed by John Gallagher to Dennis Donahy, amounting to $1500. Donahy died and the notes passed into the possession of the administratrix of his estate, who brought suit on them. Gallagher claimed that the notes and debt had been donated to him by Donahy before the death of the latter.
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Error from Pottawatomie district court; William Thomson, judge. STATEMENT. This was an action to recover on three promissory notes executed by John Gallagher to Dennis Donahy, amounting to $1500. Donahy died and the notes passed into the possession of the administratrix of his estate, who brought suit on them. Gallagher claimed that the notes and debt had been donated to him by Donahy before the death of the latter. To establish a gift, the following letter was principally relied on : “Leavenworth, Kan., January 2, 1899. “Dear Friend: Your letter of the20thult. tohand, and note what you say…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
The notes and debt were formerly the property of Donahy, and, unless' he made an actual donation or disposition of them in his lifetime, they constitute a part of the Donahy estate, and the judgment was, therefore, correctly given. To constitute a valid gift of the debt and the evidence of the same, it must appear that Donahy not only intendéd to make a donation, but that he also divested himself of title and possession of them. (Johnson v. Eaton, 51 Kan. 708, 33 Pac. 597.)
Delivery, actual or constructive, is essential to a gift inter…
2Cases cited4 opinions
- Young v. . YoungNew York Court of Appeals · 1880
- Dole v. LincolnSupreme Judicial Court of Maine · 1850
- Buswell v. FullerMassachusetts Supreme Judicial Court · 1892
- Johnson v. EatonSupreme Court of Kansas · 1893
3Cited by7 opinions
- Allen-West Commission Co. v. GrumblesCourt of Appeals for the Eighth Circuit · 1904
- Hudson, Administrator v. TuckerSupreme Court of Kansas · 1961
- Ariett v. Osage County BankSupreme Court of Kansas · 1926
- Bruce v. SquiresSupreme Court of Kansas · 1904
- Lanphear v. McLeanSupreme Court of Kansas · 1932
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