Thomas v. . Houston
Supreme Court of North Carolina
Appeal by defendant, Hattie Houston, from Connor, J., at November Term, 1920, of Duplin. Civil action, brought to determine the ownership of $1,500 deposited in the Bank of Beaulaville by plaintiff’s testator on 26 February, 1917, taking from the bank a certificate of deposit in words and figures as follows, to wit: Beaulaville, N. C., 26 February, 1917. This is to certify that R. C. Houston has deposited with the Bank of Beulaville fifteen hundred dollars, payable in…
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Appeal by defendant, Hattie Houston, from Connor, J., at November Term, 1920, of Duplin. Civil action, brought to determine the ownership of $1,500 deposited in the Bank of Beaulaville by plaintiff’s testator on 26 February, 1917, taking from the bank a certificate of deposit in words and figures as follows, to wit: Beaulaville, N. C., 26 February, 1917. This is to certify that R. C. Houston has deposited with the Bank of Beulaville fifteen hundred dollars, payable in current funds to the order of himself or wife, Hattie Houston, on return of this certificate properly indorsed, with interest…
1Opinion of the CourtStacy, J.
The appellant in her brief takes the iiosition that under the evidence offered his Honor should have submitted to the jury the question as to whether the certificate of deposit would pass to her as a gift causa mortis. We do not think this position tenable. To constitute a gift causa mortis not only is an intentional transfer and actual or constructive delivery necessary, but it must be made in view of impending dissolution, or in contemplation of death from a present illness or some immediate peril. 12 R. C. L., 962; Patterson v. Trust Co., 157 N. C., 13; Newman v. Bost, 122 N. C., 524, and…
2Cases cited12 opinions
- Whalen v. MilhollandCourt of Appeals of Maryland · 1899
- Newman v. . BostSupreme Court of North Carolina · 1898
- McCord's Administrator v. McCordSupreme Court of Missouri · 1882
- Spencer v. VanceSupreme Court of Missouri · 1874
- Murray v. CannonCourt of Appeals of Maryland · 1875
7 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- President of the Manhattan Co. v. ArmourSupreme Court of New Jersey · 1953
- Holland v. . SmithSupreme Court of North Carolina · 1944
- Leatherman v. LeathermanSupreme Court of North Carolina · 1979
- Smith v. SmithSupreme Court of North Carolina · 1961
- Buffaloe v. . BarnesSupreme Court of North Carolina · 1946
18 more not listed; retrieve them via the Exa API.